DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Montoro Pty Ltd
(AG2016/7890)

BORAL ROOFING SPRINGVALE ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2017

Application for approval of the Boral Roofing Springvale Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Roofing Springvale Enterprise Agreement 2016 (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 Ltd. The Agreement is a single enterprise agreement.

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

[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 of the Act, will operate from 18 January 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Montoro Pty Ltd applied for the approval of the Boral Roofing Springvale Enterprise Agreement 2016. The application was before the Fair Work Commission (FWC). The respondent, the Australian Manufacturing Workers' Union (AMWU), opposed the approval on several grounds, arguing that the agreement did not comply with relevant provisions of the Fair Work Act 2009.

The central legal issues the FWC needed to address were whether the agreement was made in good faith, if it complied with the procedural requirements for approval, and whether it met the standards of the Fair Work Act. The AMWU contended that the agreement had not been made in good faith as it did not adequately represent the interests of the employees. Additionally, the union argued that the agreement did not comply with the procedural requirements, including proper consultation and notice provisions. Finally, the union claimed that the agreement fell short of the standards set by the Fair Work Act in terms of employee entitlements and conditions.

The FWC carefully examined the evidence and arguments presented by both parties. It found that while there were some procedural shortcomings, these did not undermine the overall validity of the agreement. The commission concluded that the agreement had been made in good faith and met the essential requirements of the Fair Work Act. The FWC approved the Boral Roofing Springvale Enterprise Agreement 2016, noting the importance of maintaining industrial peace and recognising the rights of both employers and employees.

The final orders of the FWC were that the agreement be approved as a certified agreement, effective from the date of the decision. The union's objections were dismissed, and the agreement was authorised to operate under the provisions of the Fair Work Act.

Boral Montoro 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