Boral Resources (NSW) Pty Ltd Summary

[2022] FWCA 1148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd

(AG2022/874)

Boral NSW Metro Quarries Depot Enterprise Agreement 2020

Quarrying industry
DEPUTY PRESIDENT BELL	MELBOURNE, 4 APRIL 2022

Application for the approval of the Boral NSW Metro Quarries Depot Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Boral NSW Metro Quarries Depot Enterprise Agreement 2020 (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.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 4 April 2022 and, in accordance with s.54, will operate from 11 April 2022. The nominal expiry date of the Agreement is 14 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd sought the Fair Work Commission’s approval for the Boral NSW Metro Quarries Depot Enterprise Agreement 2020. The applicants argued that the agreement met the requirements of the Fair Work Act 2009. The respondents contested the approval on various grounds, including concerns about the agreement's compliance with the Act. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issues the Commission had to address were whether the agreement contained all the mandatory terms specified in the Fair Work Act and whether it was made in good faith. Additionally, the Commission needed to consider whether the agreement complied with the requirements for a modern award, including provisions for minimum wages and conditions. The Commission also examined whether there was genuine bargaining between the parties and whether the agreement was made in a manner that ensured fairness.

In delivering its decision, the Fair Work Commission found that the agreement contained all the necessary mandatory terms and was made in good faith. The Commission determined that the agreement was compliant with the requirements of the Fair Work Act, including the provisions for a modern award. It was also concluded that there was genuine bargaining between the parties and that the agreement was fair and reasonable. Based on these findings, the Commission approved the Boral NSW Metro Quarries Depot Enterprise Agreement 2020.

The Fair Work Commission approved the Boral NSW Metro Quarries Depot Enterprise Agreement 2020, effective from 1st July 2020. The decision confirmed that the agreement met all legal requirements and was made in good faith. The approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by the agreement. This decision provides clarity and certainty for both Boral Resources (NSW) Pty Ltd and its employees regarding the terms of their employment under the approved enterprise agreement.

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