DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Hollostone Masonry (SA) Pty Ltd
(AG2017/5798)

BORAL ROOFING & MASONRY (POORAKA) ENTERPRISE AGREEMENT 2017

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2018

Application for approval of the Boral Roofing & Masonry (Pooraka) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Roofing & Masonry (Pooraka) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Hollostone Masonry (SA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.202(4) of the Act, the model flexibility 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 23 March 2018. The nominal expiry date of the Agreement is 14 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boral Hollostone Masonry (SA) Pty Ltd applied for approval of the Boral Roofing & Masonry (Pooraka) Enterprise Agreement 2017. The Fair Work Commission was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. This involved examining the process through which the agreement was made, ensuring it was made in good faith, and assessing whether it provided for fair and reasonable terms and conditions.

The court examined the evidence presented by both parties to determine if the agreement was genuinely negotiated between the employer and employees, and if the process was fair and transparent. It considered whether the agreement contained minimum terms as required by the Fair Work Act, and if it was consistent with the broader industrial relations system. The court also assessed if the agreement provided for a fair and reasonable outcome for both employers and employees.

After reviewing the submissions and evidence, the Fair Work Commission found that the agreement had been genuinely negotiated and met the necessary criteria for approval. The agreement was found to be consistent with the Fair Work Act and provided for fair and reasonable terms and conditions. The Commission approved the enterprise agreement, noting the importance of such agreements in facilitating better industrial relations outcomes.

No further orders were made by the Commission. The approved enterprise agreement will now be registered and will govern the employment conditions of the relevant employees.

Boral Hollostone Masonry (SA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established