DECISION

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

Boral Resources (Country) Pty Limited
(AG2018/2523)

BORAL NSW AND ACT COUNTRY DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Boral NSW and ACT Country Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boral NSW and ACT Country Drivers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (Country) Pty Limited. 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. 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.

[3] The Transport Workers’ Union of Australia 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 was approved on 4 September 2018 and, in accordance with s.54, will operate from 11 September 2018. The nominal expiry date of the Agreement is 10 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

Boral Resources (Country) Pty Limited applied to the Fair Work Commission for approval of the Boral NSW and ACT Country Drivers Enterprise Agreement 2018. The Fair Work Commission was required to determine whether the agreement met the requirements of section 233 of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions for employees.

The central legal issue before the Commission was whether the agreement contained terms that were fair and reasonable for the employees it covered. This involved assessing the fairness of the agreement's provisions regarding pay, hours of work, leave entitlements, and other employment conditions. The Commission needed to ensure that the agreement did not undermine the protections afforded to employees under the Fair Work Act and provided for fair and reasonable terms and conditions.

In reaching its decision, the Fair Work Commission examined the submissions from both the applicant and the parties involved, as well as the overall fairness of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The agreement included provisions for pay and conditions that were in line with industry standards and provided for appropriate leave entitlements and other benefits. The Commission was satisfied that the agreement did not undermine the protections provided by the Fair Work Act and was therefore fair and reasonable.

Accordingly, the Fair Work Commission approved the Boral NSW and ACT Country Drivers Enterprise Agreement 2018, subject to certain conditions. The Commission found that the agreement met the requirements of section 233 of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees it covered. The applicant was directed to take all necessary steps to bring the agreement into effect, including providing a copy of the agreement to each of the employees covered by it.

Boral Resources (Country) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established