Boral Montoro Pty Ltd T/A Boral Clay and Concrete

[2014] FWCA 5877

FAIR WORK COMMISSION

DECISION

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

Boral Montoro Pty Ltd T/A Boral Clay and Concrete
(AG2014/1949)

BORAL ROOFING (EMU PLAINS) ENTERPRISE AGREEMENT 2014-2017

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2014

Application for approval of the Boral Roofing (Emu Plains) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Roofing (Emu Plains) Enterprise Agreement 2014-2017 (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 trading as Boral Clay and Concrete (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union Newcastle, Central Coast & Northern Regions Branch (AWU) have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 18 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Boral Montoro Pty Ltd, trading as Boral Clay and Concrete, and the Fair Work Commission. The company sought approval for the Boral Roofing (Emu Plains) Enterprise Agreement 2014-2017. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by the Fair Work Act, and if it complied with procedural requirements. The court had to consider whether the agreement appropriately balanced the rights and interests of employers and employees, and if it adhered to the statutory framework governing enterprise agreements.

In reaching its decision, the court examined the negotiation process and the content of the agreement. It assessed whether there was genuine bargaining between the parties and whether the terms of the agreement were fair and reasonable. The court also considered the procedural fairness in the negotiation and making of the agreement, including whether there was adequate disclosure of information and whether the parties had an opportunity to discuss and respond to the terms proposed. The Fair Work Commission found that the agreement had been made in good faith, contained the required minimum terms and conditions, and complied with the procedural requirements of the Fair Work Act. The court concluded that the agreement was fair and reasonable, taking into account the interests of both employers and employees.

As a result, the court approved the Boral Roofing (Emu Plains) Enterprise Agreement 2014-2017. The decision underscored the importance of genuine negotiation and procedural fairness in the formation of enterprise agreements. The court's approval signified that the agreement met the statutory requirements and was in the best interests of the employees and the company. The final orders of the court confirmed the approval of the enterprise agreement, allowing it to come into effect as per the terms specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established