| [2023] FWCA 175 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Resources (NSW) Pty Ltd
(AG2022/5396)
BORAL LABORATORY BAULKHAM HILLS ENTERPRISE AGREEMENT 2022
| Cement and concrete products | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 18 JANUARY 2023 |
Application for approval of the Boral Laboratory Baulkham Hills Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Boral Laboratory Baulkham Hills Enterprise Agreement 2022 (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.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 27.7 – Notice of Termination by Employees (withholding of entitlements).
However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 January 2027.
DEPUTY PRESIDENT
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- AGLC
- Boral Resources (NSW) Pty Ltd [2023] FWCA 175
- Case
- [2023] FWCA 175
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith and without coercion. The court also had to determine if the agreement provided for a proper process for resolving disputes and if it complied with the provisions of the Fair Work Act.
In its decision, the court examined the submissions and evidence provided by both parties. The court found that the proposed agreement met the requirements of the Fair Work Act. It was determined that the agreement provided for fair and reasonable terms and conditions of employment and was made in good faith. The court also noted that the agreement contained provisions for resolving disputes and complied with all relevant provisions of the Fair Work Act. Consequently, the court approved the Boral Laboratory Baulkham Hills Enterprise Agreement 2022.
The Fair Work Commission approved the Boral Laboratory Baulkham Hills Enterprise Agreement 2022. The decision was based on the court's findings that the agreement met the necessary criteria for approval, including fair and reasonable terms and conditions of employment, good faith, and compliance with the Fair Work Act. The agreement was therefore authorised to be in effect from the date of the decision.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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