DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Montoro Pty Limited; Boral Hollostone Masonry (SA) Pty Ltd
(AG2019/4551)

BORAL ROOFING AND MASONRY POORAKA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 JANUARY 2020

Application for approval of the Boral Roofing and Masonry Pooraka Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral Roofing and Masonry Pooraka Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Montoro Pty Limited; Boral Hollostone Masonry (SA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 23 January 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Boral Montoro Pty Limited and Boral Hollostone Masonry (SA) Pty Ltd, collectively referred to as the applicants, who sought approval of the Boral Roofing and Masonry Pooraka Enterprise Agreement 2019. This agreement aimed to regulate the employment conditions of the employees of the companies, including aspects such as wages, hours of work, and other employment-related matters. The applicants sought to have the agreement registered and approved by the Fair Work Commission, ensuring it met the necessary legal standards and provisions under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the statutory requirements under the Fair Work Act and whether it appropriately balanced the interests of both the employers and the employees. Specifically, the Commission had to examine whether the agreement provided for minimum entitlements, was free from prohibited content, and whether it had been negotiated in good faith. Additionally, the Commission needed to ensure the agreement did not unfairly disadvantage any party and was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission found that the Boral Roofing and Masonry Pooraka Enterprise Agreement 2019 was compliant with the requirements of the Fair Work Act. The agreement was deemed to provide for the minimum entitlements as stipulated by the Act, did not include any prohibited content, and was the result of good faith negotiations. The Commission further determined that the agreement was fair and balanced, taking into account the interests of both the employers and the employees. Consequently, the Commission approved the agreement, and it was registered under the Fair Work Act.

The Fair Work Commission's final order was that the Boral Roofing and Masonry Pooraka Enterprise Agreement 2019 be approved and registered, effective from the date of the decision. The agreement was to be binding on the parties and their employees, ensuring that the terms and conditions set out in the agreement would govern their employment relationship moving forward.

Boral Montoro Pty Limited; 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