Boral Resources (Country) Pty Limited

[2013] FWCA 129

FAIR WORK COMMISSION

DECISION

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

Boral Resources (Country) Pty Limited
(AG2012/13144)

BORAL NSW & ACT COUNTRY BATCH PLANT OPERATORS ENTERPRISE AGREEMENT 2012

Cement and concrete products
COMMISSIONER BULL	SYDNEY, 9 JANUARY 2013

Application for approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The employees covered by the Agreement are those employees classified in accordance with the Agreement as specified in clause 23 to principally work in a Boral Country Batch Plant. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[4] The Australian Workers’ Union (AWU), 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 that organisation.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 16 January 2013. The nominal expiry date of the Agreement is 8 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Boral Resources (Country) Pty Limited, which sought approval for its NSW & ACT Country Batch Plant Operators Enterprise Agreement 2012. The matter was heard in the Fair Work Commission, where the company aimed to secure endorsement of the proposed enterprise agreement to govern the terms and conditions of employment for batch plant operators in New South Wales and the Australian Capital Territory.

The primary legal issues the Commission needed to resolve were whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it met the minimum standards set by the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for minimum wages and conditions, included appropriate dispute resolution mechanisms, and did not unfairly disadvantage any employee. The Commission also needed to assess whether the agreement had been made in good faith and whether the necessary procedural requirements for its approval had been satisfied.

The Fair Work Commission evaluated the provisions of the proposed agreement against the statutory framework. It considered the fairness of the agreement, the adequacy of the consultation process, and the compliance with minimum standards. After reviewing the evidence and submissions, the Commission concluded that the agreement was compliant with the Fair Work Act and met all the necessary criteria. The agreement provided for minimum wages and conditions, included appropriate dispute resolution mechanisms, and did not unfairly disadvantage any employee. The Commission also found that the agreement had been made in good faith and that the necessary procedural requirements had been satisfied.

As a result, the Fair Work Commission approved the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2012. The approval was based on the finding that the agreement was fair and compliant with the requirements of the Fair Work Act, providing a suitable framework for the employment of batch plant operators in the specified regions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established