DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (NSW) Pty Limited
(AG2015/2710)

BORAL EMU PLAINS QUARRY ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 21 MAY 2015

Application for approval of the Boral Emu Plains Quarry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral Emu Plains Quarry Enterprise Agreement 2015 (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.

[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.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 May 2015. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Limited applied to the Fair Work Commission for approval of the Boral Emu Plains Quarry Enterprise Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment for the workers covered by the proposed agreement. The Commission was required to determine whether the agreement provided for the employees' terms and conditions of employment in a fair and flexible manner, and whether the agreement had been made in good faith.

The Commission considered the principles of good faith bargaining and the need for the agreement to provide fair and flexible terms and conditions of employment. The Commission also considered the submissions of the parties and the evidence presented. The Commission found that the agreement provided for the employees' terms and conditions of employment in a fair and flexible manner and that it had been made in good faith. The Commission approved the agreement.

The Commission made an order approving the Boral Emu Plains Quarry Enterprise Agreement 2015. The order was effective from the date of the Commission's decision. The Commission's decision provides guidance for employers and unions on the requirements for an enterprise agreement to be approved by the Commission.

Boral Resources (NSW) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established