Boral Montoro Pty Ltd Summary

[2013] FWCA 4064

FAIR WORK COMMISSION

DECISION

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

Boral Montoro Pty Ltd
(AG2013/1473)

BORAL ROOFING WYEE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 26 JUNE 2013

Application for approval of the Boral Roofing Wyee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Roofing Wyee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Montoro Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Mining and Energy Union NSW Construction and General Branch, each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2013. The nominal expiry date is 30 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Montoro Pty Ltd, the applicant, the Fair Work Commission was called upon to decide whether the Boral Roofing Wyee Enterprise Agreement 2013 should be approved as a new enterprise agreement under the Fair Work Act 2009. The applicant argued that the agreement should be approved as it met the requirements for a new agreement and provided for better terms and conditions for the employees covered by the agreement. The Australian Building Construction Employees and Builders Labourers Federation (ABCE/BLF) opposed the application on the basis that the agreement did not meet the requirements of the Act, as it did not provide for a 4% annual wage increase and a range of other improvements.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and whether the agreement provided for better terms and conditions of employment for the employees covered by the agreement. The Commission found that the agreement met the criteria for approval and that it provided for better terms and conditions of employment for the employees covered by the agreement. The Commission noted that the agreement provided for a range of improvements, including a 4% annual wage increase, improved leave entitlements and a range of other benefits.

The Commission considered the evidence and submissions of both parties and found that the agreement provided for better terms and conditions of employment for the employees covered by the agreement. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act and that it provided for better terms and conditions of employment for the employees covered by the agreement. The Commission approved the agreement as a new enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the Boral Roofing Wyee Enterprise Agreement 2013 as a new enterprise agreement under the Fair Work Act 2009. The agreement will provide for better terms and conditions of employment for the employees covered by the agreement, including a 4% annual wage increase, improved leave entitlements and a range of other benefits. The Commission's decision is final and binding on both parties.

Boral Montoro Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established