DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Construction Materials Group Ltd T/A Boral Construction Materials
(AG2018/5199)

BORAL TASMANIAN CONCRETE & QUARRIES ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2019

Application for approval of the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Construction Materials Group Ltd T/A Boral Construction Materials. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Boral Construction Materials Group Ltd trading as Boral Construction Materials, the Fair Work Commission was called upon to approve an enterprise agreement proposed by the employer. The nature of the dispute centred around the specifics and fairness of the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2018. The Commission needed to assess whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission involved the scrutiny of the proposed agreement to ensure it met the requirements for "simple terms" and "low risk terms" as defined under the Fair Work Act. The Commission also had to determine whether the agreement provided for fair and reasonable terms and conditions, and if it had been genuinely negotiated by the employer and the employees' representative. A significant consideration was whether the agreement adequately addressed the interests of the employees, particularly in terms of wages, working conditions, and dispute resolution mechanisms.

The Commission deliberated on the submissions from both parties, weighing the compliance of the agreement with statutory provisions against the principles of fairness and genuine negotiation. The evidence presented by the employer indicated that the agreement was the result of a genuine negotiation process and was considered to be fair and reasonable. The Commission found that the agreement did not contain any provisions that would be contrary to the public interest and that it provided for the fair and equitable treatment of the employees. Consequently, the Commission approved the agreement, finding it to be compliant with the requirements of the Act and suitable for the workforce it covered.

Boral Construction Materials Group Ltd T/A Boral Construction Materials

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established