Boral Resources (NSW) Pty Ltd Summary

[2013] FWCA 9891

FAIR WORK COMMISSION

DECISION

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

Boral Resources (NSW) Pty Ltd
(AG2013/10356)

BORAL PEATS RIDGE QUARRY ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 17 DECEMBER 2013

Application for approval of the Boral Peats Ridge Quarry Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Peats Ridge Quarry 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 24 December 2013. The nominal expiry date of the Agreement is 1 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (NSW) Pty Ltd sought approval of the Boral Peats Ridge Quarry Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009. The applicants were represented by Mr. P.J.M. Hughes, while the respondents, the Construction, Forestry, Maritime, Mining and Energy Union and the Transport Workers Union, were represented by Ms. K.M. Riordan.

The primary legal issues that the Commission was required to determine were whether the agreement had been made in accordance with the statutory requirements of the Fair Work Act, and whether it complied with the good faith bargaining obligations under the Act. Specifically, the Commission needed to assess if the agreement was made free of any duress, coercion or improper influence, and if it contained terms that were consistent with the principles of enterprise bargaining.

After considering the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and without any improper influence. The Commission also determined that the agreement met all the statutory requirements and was consistent with the principles of enterprise bargaining. The Commission approved the Boral Peats Ridge Quarry Enterprise Agreement 2013, finding that it was in the best interests of the employees and the business.

No further orders were made by the Commission.

Boral Resources (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established