DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Country) Pty Ltd
(AG2021/5441)

BORAL CADIA VALLEY OPERATIONS CONCRETE ENTERPRISE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT EASTON	SYDNEY, 2 JULY 2021

Application for approval of the Boral Cadia Valley Operations Concrete Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cadia Valley Operations Concrete Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (Country) Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the relevant requirements of ss.186, 187, 188 and 190 have been met.

[4] However, noting the undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2021. The nominal expiry date of the Agreement is 9 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Boral Resources (Country) Pty Ltd, who applied for approval of the Boral Cadia Valley Operations Concrete Enterprise Agreement 2020. The application was heard in the Fair Work Commission, with the parties seeking resolution over the terms and conditions of employment stipulated in the agreement. The dispute centred around the fairness and compliance of the proposed agreement with relevant industrial laws.

The legal issues before the court were primarily concerned with whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included examining if the agreement provided fair and reasonable terms, whether it was made in good faith, and if it adhered to the procedural requirements for enterprise agreements. Additionally, the court needed to consider if the agreement was appropriately negotiated and if it provided adequate protections for the employees.

The court determined that the agreement was fair and reasonable, taking into account the broader context of the industry and the specific circumstances of the parties involved. The court found that the negotiation process was conducted in good faith, and the agreement complied with all procedural requirements. The terms of the agreement were deemed to provide appropriate protections for the employees, balancing the needs of both the employer and the workforce. Consequently, the court approved the application for the agreement's endorsement.

The final orders of the court approved the Boral Cadia Valley Operations Concrete Enterprise Agreement 2020, allowing it to be implemented as per the terms outlined in the agreement. The approval signified the court's finding that the agreement met the statutory criteria for fairness, good faith, and procedural correctness.

Boral Resources (Country) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established