Boral Resources (Country) Pty. Ltd. T/A Boral Country

[2023] FWCA 2894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boral Resources (Country) Pty. Ltd. T/A Boral Country

(AG2023/2874)

BORAL NSW & ACT COUNTRY BATCH PLANT OPERATORS ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 7 SEPTEMBER 2023

Application for approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

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

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from seven days of approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Boral Resources (Country) Pty. Ltd. T/A Boral Country applied to the Fair Work Commission for approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2023. The application was brought before the Fair Work Commission by Boral Country, and the primary dispute involved the terms and conditions set out in the proposed enterprise agreement. The commission was tasked with ensuring that the agreement met the necessary legal requirements and provided fair and reasonable terms for the employees covered by it.

The legal issues before the commission centred around whether the proposed agreement complied with the Fair Work Act 2009. Key considerations included whether the agreement provided for minimum terms and conditions, whether it was free from prohibited content, and whether it adhered to the principles of procedural fairness. Additionally, the commission needed to assess whether the agreement was in the best interests of the employees and whether it met the requirements for being a "single-enterprise agreement."

The Fair Work Commission found that the proposed agreement met the necessary legal requirements. It was determined that the agreement provided for minimum terms and conditions, was free from prohibited content, and adhered to the principles of procedural fairness. The commission was satisfied that the agreement was in the best interests of the employees and met the requirements for being a "single-enterprise agreement." Consequently, the commission approved the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2023. The commission's decision was grounded in a comprehensive review of the agreement's provisions and the evidence presented during the hearing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established