Boral Hollostone Masonry (SA) Pty Ltd; Boral Montoro Pty Ltd

[2014] FWCA 7786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Hollostone Masonry (SA) Pty Ltd; Boral Montoro Pty Ltd
(AG2014/7900)

BORAL MASONRY POORAKA ENTERPRISE AGREEMENT 2014 - 2017

Cement and concrete products
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 NOVEMBER 2014

Application for approval of the Boral Masonry Pooraka Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Masonry Pooraka Enterprise Agreement 2014-2017 (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 & Boral Montoro Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. In relation to clause 16 Superannuation:

The Plum Super Fund, the Companies default superannuation fund, offers a “My Super” product and meets the requirements of s. 194(h).”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

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

[5] The Australian Workers’ Union (AWU), 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) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2014. The nominal expiry date of the Agreement is 14 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Hollostone Masonry (SA) Pty Ltd and Boral Montoro Pty Ltd applied to the Fair Work Commission for the approval of the Boral Masonry Pooraka Enterprise Agreement 2014-2017. The applicant companies sought the approval of an enterprise agreement which had been negotiated between the applicants and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicants argued that the agreement was appropriate for approval under section 232 of the Fair Work Act 2009. The CFMEU supported the application for approval. The Building and Construction Trades Employees and Workers Union opposed the application. The Union argued that the agreement did not meet the requirements of section 232 of the Fair Work Act because it did not provide for the protection of employees’ wages, conditions and entitlements.

The Commission considered whether the agreement provided for the protection of employees’ wages, conditions and entitlements as required by section 232 of the Fair Work Act. The Commission noted that the agreement provided for the protection of employees’ wages, conditions and entitlements in a number of ways. Firstly, the agreement provided for the continuation of the existing wage rates, allowances and penalty rates. Secondly, the agreement provided for the continuation of the existing leave entitlements. Thirdly, the agreement provided for the continuation of the existing superannuation arrangements. The Commission was satisfied that the agreement provided for the protection of employees’ wages, conditions and entitlements.

Accordingly, the Commission approved the agreement under section 232 of the Fair Work Act. The Fair Work Commission approved the Boral Masonry Pooraka Enterprise Agreement 2014-2017 under section 232 of the Fair Work Act. The agreement is approved from 1 July 2014 for a period of three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established