Boral Resources (Country) Pty Ltd Summary

[2022] FWCA 474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Country) Pty Ltd

(AG2022/34)

Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2020

Cement and concrete products
COMMISSIONER P RYAN	SYDNEY, 11 FEBRUARY 2022

Application for approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2020

Boral Resources (Country) Pty Limited (the Employer) has applied for the approval of an enterprise agreement known as Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2020 (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.

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

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 the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 8 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Resources (Country) Pty Ltd, the Fair Work Commission was asked to consider the approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2020. The application was brought by the employer, Boral Resources (Country) Pty Ltd, seeking to have the enterprise agreement approved under the Fair Work Act 2009. The agreement in question was negotiated between the employer and the union representing the employees, and the union supported the application for approval.

The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Fair Work Act mandates that an enterprise agreement must meet certain criteria, including provisions on minimum entitlements, dispute resolution, and good faith bargaining. Additionally, the Commission was required to consider whether the agreement was free from any unfair or harsh terms and if it provided fair and reasonable outcomes for the employees.

The Commission examined the terms of the agreement in detail, assessing them against the statutory requirements and principles of fairness. It considered the nature of the industry, the bargaining positions of the parties, and the specific terms of the agreement. The Commission found that the agreement was free from any unfair or harsh terms and provided fair and reasonable outcomes for the employees. It was satisfied that the agreement complied with the relevant statutory provisions and that it was in the best interests of the employees.

The Fair Work Commission approved the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2020, determining that it met the legal requirements and was fair and reasonable for the employees. This decision sets a benchmark for future enterprise agreements in the industry, ensuring that they comply with the Fair Work Act and provide fair outcomes for employees.

Boral Resources (Country) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established