DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Country) Pty Limited
(AG2015/894)

BORAL NSW AND ACT COUNTRY DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 MAY 2015

Application for approval of the Boral NSW and ACT Country Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral NSW and ACT Country Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has been met.

[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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2015. The nominal expiry date of the Agreement is 10 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Boral Resources (Country) Pty Limited, which sought approval for the Boral NSW and ACT Country Drivers Enterprise Agreement 2014. The agreement was intended to regulate the employment terms and conditions for drivers employed by Boral in New South Wales and the Australian Capital Territory. The nature of the dispute centred on whether the proposed enterprise agreement met the legal standards for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was fairly and properly negotiated, contained mandatory terms, and satisfied the good faith bargaining requirement.

The primary legal issues that the Commission needed to resolve were whether the agreement was genuinely negotiated between the parties, if it contained the mandatory terms required by the Fair Work Act, and whether the process of negotiation was conducted in good faith. Additionally, the Commission had to assess whether the proposed agreement met the criteria for registration, including the provision of a Fair Work Information Statement and compliance with procedural fairness.

In its decision, the Fair Work Commission found that the proposed agreement was fairly and properly negotiated and contained the mandatory terms required by the Fair Work Act. The Commission noted that the process of negotiation was conducted in good faith, with both parties making reasonable efforts to reach an agreement. The Commission also confirmed that the Fair Work Information Statement was provided and that procedural fairness was observed throughout the negotiation process. As a result, the Commission approved the Boral NSW and ACT Country Drivers Enterprise Agreement 2014 for registration, ensuring it would govern the employment terms and conditions for the relevant drivers.

The Commission's final orders included the registration of the Boral NSW and ACT Country Drivers Enterprise Agreement 2014, effective from the date of the decision. This registration meant the agreement would become a legally binding enterprise agreement, outlining the employment terms and conditions for the drivers employed by Boral in New South Wales and the Australian Capital Territory.

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