Boral Resources (Country) Pty Ltd

[2024] FWCA 893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Country) Pty Ltd

(AG2024/566)

BORAL CADIA VALLEY OPERATIONS CONCRETE ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 12 MARCH 2024

Application for approval of the Boral Cadia Valley Operations Concrete Enterprise Agreement 2024.

Boral Resources (Country) Pty Ltd has made an application for the approval of the Boral Cadia Valley Operations Concrete Enterprise Agreement 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 19 March 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Boral Resources (Country) Pty Ltd and its employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the approval of the Boral Cadia Valley Operations Concrete Enterprise Agreement 2024. The Fair Work Commission heard the application. The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in relation to the process by which the agreement was made and the extent to which it provided for fair and reasonable terms and conditions for employees.

The Commission carefully examined the evidence regarding the negotiation process and the content of the agreement. It assessed whether the agreement was genuinely negotiated and whether it contained the necessary provisions to ensure fair and reasonable terms for the employees. The Commission noted the absence of significant dispute resolution mechanisms and the limited scope for employee involvement in the negotiation process. It found these factors to be crucial in determining the fairness and reasonableness of the agreement. Ultimately, the Commission concluded that the agreement did not adequately meet the statutory criteria for approval.

In light of the findings, the Fair Work Commission rejected the application for approval of the agreement. The Commission emphasised the importance of a fair and genuine negotiation process and the need for the agreement to provide reasonable terms and conditions for employees. The decision underscored the Commission's commitment to ensuring that enterprise agreements are made in a manner that reflects the interests of both employers and employees. The Commission did not grant the application for approval of the Boral Cadia Valley Operations Concrete Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established