Boral Resources (Country) Pty Limited T/A Boral Summary

[2022] FWCA 1510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Country) Pty Limited T/A Boral

(AG2022/1207)

Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2021

Quarrying industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 MAY 2022

Application for approval of the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Boral Resources (Country) Pty Limited (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2022. The nominal expiry date of the Agreement is 9 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Boral Resources (Country) Pty Limited, trading as Boral, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2021, brought before the Fair Work Commission. The matter was heard by Commissioner C.R. Parker.

The legal issues that the court was required to decide included whether the agreement was a genuine enterprise agreement, whether it complied with the relevant legislative requirements, and whether it met the "better-off-overall test". This test assesses whether the employees are better off overall under the proposed agreement than they would be under the applicable award or existing agreement.

In delivering the decision, Commissioner Parker noted that the agreement was indeed a genuine enterprise agreement and satisfied all the necessary procedural requirements. The court found that the agreement was made freely and fairly, without any coercion or undue influence. The Commissioner also confirmed that the agreement complied with the legislative requirements and met the better-off-overall test. The court considered the evidence provided by both parties and concluded that the proposed agreement was in the best interests of the employees.

The final orders of the court were that the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2021 be approved and registered by the Fair Work Commission. This decision was made on the basis that the agreement was genuine, complied with the relevant legislation, and met the better-off-overall test. The agreement was subsequently registered, and the terms and conditions set out in the agreement became effective for the employees covered by the agreement.

Boral Resources (Country) Pty Limited T/A Boral

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established