Boral Resources (NSW) Pty Ltd Summary

[2013] FWCA 5132

FAIR WORK COMMISSION

DECISION

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

Boral Resources (NSW) Pty Ltd
(AG2013/1825)

BORAL CONCRETE SYDNEY ENTERPRISE AGREEMENT 2012

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 29 JULY 2013

Application for approval of the Boral Concrete Sydney Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known asthe Boral Concrete Sydney Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (NSW) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd, the applicant, applied to the Fair Work Commission for approval of the Boral Concrete Sydney Enterprise Agreement 2012. The application was made under section 232 of the Fair Work Act 2009. The applicant sought to have the agreement approved as a low-paid enterprise agreement, which would allow it to pay employees below the applicable award rates. The applicant argued that the agreement was appropriate for the circumstances of its business and its employees. The application was opposed by the Construction, Forestry, Mining and Energy Union, the respondent, which argued that the proposed agreement did not provide adequate protections for its members.

The legal issues before the Commission were whether the proposed agreement met the requirements of section 232 of the Act and whether it was appropriate to approve the agreement as a low-paid enterprise agreement. The Commission considered whether the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement, and whether it was in the interests of the employees to have the agreement approved. The Commission also considered whether the agreement was appropriate for the circumstances of the applicant's business and its employees.

The Commission found that the proposed agreement met the requirements of section 232 of the Act and that it was appropriate to approve the agreement as a low-paid enterprise agreement. The Commission considered that the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement, and that it was in the interests of the employees to have the agreement approved. The Commission also found that the agreement was appropriate for the circumstances of the applicant's business and its employees. The Commission approved the agreement as a low-paid enterprise agreement, subject to certain conditions.

The Commission made orders approving the Boral Concrete Sydney Enterprise Agreement 2012 as a low-paid enterprise agreement, subject to certain conditions. The conditions included that the agreement would not be in effect until a specified date, and that certain provisions of the agreement would be subject to review by the Commission after a specified period. The Commission also made orders requiring the applicant to provide certain information to its employees and to provide certain information to the Commission on an ongoing basis.

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