DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Montoro Pty Ltd
(AG2017/3707)

BORAL ROOFING (EMU PLAINS) ENTERPRISE AGREEMENT 2017-2020

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 27 OCTOBER 2017

Application for approval of the Boral Roofing (Emu Plains) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Boral Roofing (Emu Plains) Enterprise Agreement 2017-2020 (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.

[1] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[1] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) and Australian Workers’ Union (AWU) being bargaining representatives 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 the organisations.

[2] The Agreement was approved on 27 October 2017 and, in accordance with s.54, will operate from 3 November 2017. The nominal expiry date of the Agreement is 18 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Montoro Pty Ltd applied to the Fair Work Commission for approval of the Boral Roofing (Emu Plains) Enterprise Agreement 2017-2020. The dispute involved the terms and conditions of employment for the workers represented by the Australian Manufacturing Workers Union. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the statutory requirements for approval, including that it provided for the "better off overall test" and that it was made in good faith.

The Commission examined the evidence and submissions provided by the parties to determine if the agreement met the statutory requirements. The Commission found that the agreement provided for the "better off overall test" and that it was made in good faith. The Commission also considered the potential impact of the agreement on the employees and found that it provided for their fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met all the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Boral Roofing (Emu Plains) Enterprise Agreement 2017-2020, finding that it met the statutory requirements for approval. The Commission found that the agreement provided for the "better off overall test" and was made in good faith. The Commission was also satisfied that the agreement provided for the fair and reasonable terms and conditions of employment for the employees. The approval of the agreement will provide certainty and stability to the employees and employers covered by the agreement.

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