DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Montoro Pty Limited
(AG2019/3113)

BORAL ROOFING WYEE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2019

Application for approval of the Boral Roofing Wyee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral Roofing Wyee Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Boral Montoro Pty Limited. 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. The undertakings are taken to be a term of 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Boral Montoro Pty Limited, which sought approval of the Boral Roofing Wyee Enterprise Agreement 2019. The Fair Work Commission was the respondent in the matter. The application to approve the agreement was brought forth under section 232 of the Fair Work Act 2009. The primary dispute centred around whether the agreement met the necessary requirements for approval, including compliance with the procedural standards and the substantive provisions outlined in the Act.

The legal issues the court had to address involved whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions as stipulated by the Act, and whether the appropriate procedures for making the agreement were followed. The court also had to consider whether the agreement was consistent with the broader principles of industrial relations law, including the protection of employees' rights and the avoidance of unfair terms.

The court, in its reasoning, found that the agreement met all the criteria for approval. It was determined that the agreement was made in good faith and that it contained all the minimum terms and conditions required by the Act. The court also found that the necessary procedures for making the agreement were followed correctly. Furthermore, the agreement was deemed to be consistent with the principles of industrial relations law, providing adequate protections for employees and avoiding any unfair terms. Consequently, the court approved the agreement under section 232 of the Fair Work Act 2009.

Boral Montoro Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established