DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Construction Materials
(AG2016/6466)

BORAL CONCRETE WESTERN AUSTRALIA, CONCRETE DRIVERS’ ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Boral Concrete Western Australia, Concrete Drivers’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Western Australia, Concrete Drivers’ Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

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

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2016. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Boral Construction Materials involved an application to the Fair Work Commission for the approval of the Boral Concrete Western Australia, Concrete Drivers’ Enterprise Agreement 2016. The matter was brought forward by the employer, Boral Construction Materials, and the relevant union, the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009, specifically regarding the protection of employees’ rights and entitlements. The Fair Work Commission was the court responsible for hearing and determining the application.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly in terms of procedural fairness, the protection of employees' rights, and the inclusion of essential safety provisions. The Commission needed to assess if the agreement met the statutory minimum standards and if it provided fair terms and conditions for the employees involved. Another key issue was whether the agreement provided adequate mechanisms for resolving disputes and ensuring compliance with occupational health and safety regulations.

In its decision, the Commission carefully examined the provisions of the proposed enterprise agreement against the requirements set out in the Fair Work Act. The Commission determined that the agreement substantially met the statutory minimum standards, including those relating to procedural fairness and employee rights. The Commission found that the agreement provided for fair terms and conditions and included adequate mechanisms for dispute resolution. However, the Commission did note some minor deficiencies in the agreement’s compliance with occupational health and safety regulations, which were addressed through specific amendments. Ultimately, the Commission approved the enterprise agreement with these amendments, ensuring it met all legal requirements.

The final orders of the Commission were that the Boral Concrete Western Australia, Concrete Drivers’ Enterprise Agreement 2016 be approved, subject to the amendments made to address the minor compliance issues identified. The approved agreement would then be registered with the Fair Work Commission, thereby becoming a legally binding instrument between the employer and the employees represented by the union.

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