DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Country) Pty Ltd
(AG2016/1474)

BORAL NSW & ACT COUNTRY BATCH PLANT OPERATORS ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2015 (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 Agreement is a single enterprise agreement.

[2] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union, 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 organisation.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 8 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Boral Resources (Country) Pty Ltd, which applied for the approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2015. The application was brought before the Fair Work Commission to seek formal endorsement of the proposed agreement, which was intended to regulate the terms and conditions of employment for batch plant operators across New South Wales and the Australian Capital Territory. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly in terms of its fairness and coverage.

The legal issues central to the case revolved around whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, specifically sections concerning the scope of the agreement, its procedural fairness, and its substantive fairness. Key considerations included whether the agreement adequately covered all relevant employees, whether it was the product of genuine bargaining, and whether its terms were fair and reasonable. The Commission also needed to assess if the agreement provided appropriate protections and benefits to employees in line with the principles of the industrial relations system.

The Fair Work Commission found that the agreement met the requisite standards for approval. The Commission was satisfied that the agreement had been genuinely bargained, as evidenced by the process followed in its development, and that it covered all intended employees without any exclusions that would undermine its effectiveness. Furthermore, the Commission determined that the terms of the agreement were fair and reasonable, providing adequate protections and benefits to the employees. The Commission emphasised the importance of the agreement's provisions on wages, working conditions, and dispute resolution mechanisms, concluding that they were consistent with the broader objectives of the Fair Work Act.

Consequently, the Fair Work Commission approved the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2015. This approval formalised the agreement, making it a legally binding document between Boral Resources (Country) Pty Ltd and the relevant employees. The decision underscored the importance of fair and transparent bargaining processes in the development of enterprise agreements and highlighted the Commission's role in ensuring that agreements align with the principles of fairness and reasonableness set out in the Fair Work Act.

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