Boral Resources (NSW) Pty Ltd

[2013] FWCA 8673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd
(AG2013/9928)

BORAL CONCRETE SYDNEY METROPOLITAN DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 4 NOVEMBER 2013

Application for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (NSW) Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, Boral Resources (NSW) Pty Ltd applied for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2013. The application was brought by the employer, Boral Resources, seeking to have the enterprise agreement registered under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the legal requirements for approval, including ensuring that it provided for fair and reasonable terms and conditions for the employees involved.

The central legal issues before the Commission involved determining whether the agreement was genuinely a bargain between the employer and the employees, whether it contained the mandatory terms prescribed by the Fair Work Act, and whether it met the standards of procedural fairness. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements set out in the Act.

The Commission carefully examined the evidence and submissions presented by both parties. It found that the agreement was genuinely a product of bargaining between the employer and the employees, as it had been negotiated in good faith. The Commission also determined that the agreement contained all the mandatory terms required by the Act and met the standards of procedural fairness. Importantly, the Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account their needs and interests. Consequently, the Commission approved the application and registered the enterprise agreement.

In approving the enterprise agreement, the Commission made orders that the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2013 be registered under the Fair Work Act, effective from the date of the Commission’s decision. The registration ensures that the agreement will govern the employment terms and conditions of the drivers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established