Boral Montoro Pty Limited

[2021] FWCA 6251

FAIR WORK COMMISSION

DECISION

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

Boral Montoro Pty Limited
(AG2021/7582)

BORAL ROOFING (EMU PLAINS) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 OCTOBER 2021

Application for approval of the BoraI Roofing (Emu Plains) Enterprise Agreement 2020.

[1] Boral Montoro Pty Limited has made an application for the approval of an enterprise agreement known as the BoraI Roofing (Emu Plains) Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 12 October 2021 and, in accordance with s 54, will operate from 19 October 2021. The nominal expiry date of the Agreement is 18 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BoraI Montoro Pty Limited applied to the Fair Work Commission for approval of the BoraI Roofing (Emu Plains) Enterprise Agreement 2020. The applicants sought to have the agreement approved under the Fair Work Act 2009, arguing that it met the criteria for "better off overall" and "in the national system interest." The respondents, representing employees, challenged the approval on various grounds, including that the agreement did not ensure employees were better off overall and failed to comply with national minimum standards.

The central legal issues the Commission needed to address were whether the agreement provided employees with a better overall position than if the applicable awards were in force and whether it complied with the national minimum standards outlined in the Fair Work Act. Additionally, the Commission had to determine if the agreement was in the national system interest.

In its decision, the Fair Work Commission found that the proposed agreement did indeed provide employees with a better overall position, considering the additional benefits and improved terms and conditions. The Commission also determined that the agreement complied with the national minimum standards and was in the national system interest, noting the agreement's role in facilitating collective bargaining and improving workplace relations. Therefore, the Commission approved the BoraI Roofing (Emu Plains) Enterprise Agreement 2020.

The Fair Work Commission ordered that the BoraI Roofing (Emu Plains) Enterprise Agreement 2020 be approved and registered, effective from the date of the decision. The agreement was to apply to the employees covered by the application, and the terms and conditions outlined in the agreement would govern their employment from the approval date. The decision provided clarity on the terms of the agreement and its implications for both the applicants and respondents.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established