Boral Resources (NSW) Pty Ltd

[2014] FWCA 2107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd
(AG2014/650)

BORAL SEAHAM AND STOCKTON ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 31 MARCH 2014

Application for approval of the Boral Seaham and Stockton Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Seaham and Stockton Enterprise Agreement 2013 (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 7 April 2014. The nominal expiry date of the Agreement is 1 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Boral Resources (NSW) Pty Ltd, the applicant company sought approval for the Boral Seaham and Stockton Enterprise Agreement 2013. The application was brought before the Fair Work Commission under the Fair Work Act 2009. The dispute involved the terms of the proposed agreement, which aimed to regulate the working conditions of employees in the Seaham and Stockton operations of Boral Resources.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act. This included assessing whether the agreement provided for a safety net of minimum entitlements, was made in good faith, and did not unfairly discriminate against any class of employees. Another key issue was whether the agreement allowed for fair and appropriate dispute resolution processes.

The Fair Work Commission carefully reviewed the proposed agreement against the statutory criteria set out in the Fair Work Act. The Commission determined that the agreement adequately provided for the safety net of minimum entitlements and was made in good faith. Additionally, it was found that the agreement did not unfairly discriminate against any class of employees. The Commission was satisfied that the proposed agreement included fair and appropriate dispute resolution processes. Consequently, the Commission approved the Boral Seaham and Stockton Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established