DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd
(AG2019/32)

BORAL CONCRETE SYDNEY ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Boral Concrete Sydney Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Sydney Enterprise Agreement 2018 (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 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd recently applied to the Fair Work Commission for approval of the Boral Concrete Sydney Enterprise Agreement 2018. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around various terms and conditions of employment outlined in the proposed agreement, including pay rates, work hours, and provisions for shift work and overtime. The Fair Work Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with relevant Australian labour laws.

The primary legal issues the Commission considered were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly sections concerning procedural fairness and the provisions for modern awards. The Commission examined the negotiation process, the fairness of the proposed terms, and whether the agreement appropriately referenced applicable modern awards. Additionally, the Commission assessed whether the agreement adequately balanced the interests of both employers and employees.

The Commission determined that the negotiation process was fair and that the proposed agreement provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement did not unfairly disadvantage employees and that it appropriately referenced relevant modern awards. After weighing the evidence and submissions from both parties, the Commission approved the application and registered the Boral Concrete Sydney Enterprise Agreement 2018. This decision ensures that the terms of the agreement will now govern the employment conditions for the relevant workforce.

Boral Resources (NSW) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established