Boral Resources (NSW) Pty Ltd

[2025] FWCA 1425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd

(AG2025/1132)

BORAL CONCRETE SYDNEY METROPOLITAN DRIVERS ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 1 MAY 2025

Application for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Boral Resources (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act 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 FW Act will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd applied to the Fair Work Commission for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2024. The respondents to the application were the Australian Manufacturing Workers' Union, the Concrete Industry Federation, and a number of individual employees. The application was made under section 232 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement is appropriate for the purposes of providing for fair and effective workplace relations.

The legal issues before the Commission were whether the agreement was appropriate for the purposes of providing for fair and effective workplace relations and whether it met the specific criteria for approval under section 235 of the Fair Work Act. These criteria included whether the agreement provided for the resolution of enterprise disputes, whether it provided for the protection of employees' personal information, and whether it complied with relevant laws. The Commission also had to consider whether the agreement was made in good faith and without any improper conduct.

The Commission found that the agreement was appropriate for the purposes of providing for fair and effective workplace relations. It met all the criteria for approval under the Fair Work Act, including the requirement that it provided for the resolution of enterprise disputes and the protection of employees' personal information. The Commission also found that the agreement was made in good faith and without any improper conduct. Accordingly, the Commission approved the agreement under section 232 of the Fair Work Act.

The Commission made orders approving the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2024 as a registered agreement under section 179 of the Fair Work Act. The agreement is to be registered by the Commission and will have effect as a registered agreement from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established