DECISION

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

Boral Resources (NSW) Pty Ltd
(AG2015/3086)

BORAL DUNMORE QUARRY ENTERPRISE AGREEMENT 2015

Quarrying industry
COMMISSIONER JOHNS	SYDNEY, 29 JUNE 2015

Application for approval of the Boral Dunmore Quarry Enterprise Agreement 2015.

[1] On 19 June 2015 Boral Resources (NSW) Pty Ltd (Applicant) made an application for approval of the Boral Dunmore Quarry Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 July 2015. The nominal expiry date of the Agreement is 6 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (NSW) Pty Ltd applied for the approval of the Boral Dunmore Quarry Enterprise Agreement 2015. The applicant sought to have the agreement made under the Fair Work Act 2009 approved as a registered agreement. The applicant argued that the agreement was a genuine bargain and met the legal requirements for registration. The Fair Work Union was the respondent, arguing that the agreement did not meet the requirements for registration.

The legal issues in the case included whether the agreement was a genuine bargain between the parties and whether it complied with the relevant provisions of the Fair Work Act. The court had to consider whether the agreement was made without coercion, contained terms that were fair and reasonable, and complied with the requirements for registration. The court also had to determine whether the agreement provided for adequate protection of employees' rights and interests.

In its decision, the Fair Work Commission found that the agreement was a genuine bargain between the parties and met the legal requirements for registration. The Commission held that the agreement was made without coercion and contained terms that were fair and reasonable. The Commission also found that the agreement provided for adequate protection of employees' rights and interests and complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement as a registered agreement.

The Fair Work Commission approved the Boral Dunmore Quarry Enterprise Agreement 2015 as a registered agreement. The Commission found that the agreement was a genuine bargain between the parties and met the legal requirements for registration. The Commission held that the agreement was made without coercion and contained terms that were fair and reasonable. The Commission also found that the agreement provided for adequate protection of employees' rights and interests and complied with the relevant provisions of the Fair Work Act. The applicant's application for approval of the agreement was therefore successful.

Boral Resources (NSW) 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