DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd
(AG2015/826)

BORAL LABORATORY BAULKHAM HILLS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 APRIL 2015

Application for approval of the Boral Laboratory Baulkham Hills Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral Laboratory Baulkham Hills Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (NSW) Pty Ltd. The agreement is a single enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 30 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Boral Resources (NSW) Pty Ltd applied for approval of the Boral Laboratory Baulkham Hills Enterprise Agreement 2015. The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The applicant sought approval for the agreement, which aimed to establish terms and conditions of employment for laboratory staff at its Baulkham Hills facility. The applicant argued that the agreement provided for fair and reasonable terms of employment, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), argued that the agreement did not meet the 'better off overall test' and contained unfair provisions.

The key legal issues before the FWC were whether the agreement met the 'better off overall test' and whether it contained any unfair provisions. The 'better off overall test' requires that the agreement, taken as a whole, is no less favourable to the employees than the applicable award or registered agreement. The FWC also had to consider whether the agreement contained any unfair provisions, which are defined as provisions that are unjust, harsh, or oppressive to employees. The FWC examined the terms and conditions of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms, to determine whether they met the required standards.

The FWC found that the Boral Laboratory Baulkham Hills Enterprise Agreement 2015 met the 'better off overall test' and did not contain any unfair provisions. The FWC noted that the agreement provided for wage increases, improved leave entitlements, and a streamlined dispute resolution process, which were considered to be fair and reasonable terms of employment. The FWC also found that the agreement contained appropriate safeguards to protect employees' rights and interests. The FWC approved the agreement, stating that it was fair and reasonable and met the requirements of the Fair Work Act 2009.

The FWC approved the Boral Laboratory Baulkham Hills Enterprise Agreement 2015, subject to certain conditions, including the requirement that the applicant provide written confirmation that it would comply with the terms of the agreement. The FWC also noted that the agreement would remain in force until 30 June 2020, subject to any variations or amendments that may be agreed upon by the parties. The FWC's decision provides clarity for employers and employees in relation to the terms and conditions of employment for laboratory staff at the Baulkham Hills facility.

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