Boral Montoro Pty Ltd T/A Boral Clay and Concrete

[2014] FWCA 4109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Montoro Pty Ltd T/A Boral Clay and Concrete
(AG2014/1259)

BORAL ROOFING SPRINGVALE ENTERPRISE AGREEMENT 2014-2017

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 23 JUNE 2014

Application for approval of the Boral Roofing Springvale Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Roofing Springvale Enterprise Agreement 2014-2017 (the Agreement) made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Montoro Pty Ltd T/A Boral Clay and Concrete (the Applicant).

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

[3] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers them.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss.191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2014. The nominal expiry date of the Agreement is 1 January 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Boral Montoro Pty Ltd trading as Boral Clay and Concrete and its employees. The dispute was regarding the approval of the Boral Roofing Springvale Enterprise Agreement 2014-2017. The Fair Work Commission heard the case. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it had been genuinely agreed upon by the parties.

The Commission examined whether the agreement contained the minimum terms and conditions as stipulated by the Act and if it was free from any unfair content. Additionally, the Commission assessed whether the agreement was made in good faith and if it had been properly negotiated. The reasoning of the Commission focused on ensuring that the agreement provided fair and reasonable terms for both the employer and the employees. The Commission found that the agreement met all the necessary criteria and was genuinely agreed upon by the parties. As a result, the Commission approved the Boral Roofing Springvale Enterprise Agreement 2014-2017. The orders of the Commission were that the agreement be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established