DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd
(AG2017/1834)

BORAL CONCRETE SYDNEY METROPOLITAN DRIVERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 6 JUNE 2017

Application for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2016.

[1] On 23 May 2017 Boral Resources (NSW) Pty Ltd (Applicant) made an application for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Transport Workers’ Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 June 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd applied to the Fair Work Commission for the approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2016. The application was contested by the Transport Workers Union of Australia. The primary dispute revolved around the terms of the agreement concerning pay rates, conditions of employment, and the classification of employees within the organisation.

The central legal issues before the Commission involved whether the terms of the enterprise agreement complied with the relevant legislative requirements under the Fair Work Act 2009, and if the agreement was made in good faith and without coercion. The Commission had to determine if the agreement provided for minimum entitlements as stipulated by the Act, and if it contained appropriate mechanisms for dispute resolution and flexibility.

In its decision, the Fair Work Commission found that the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2016 met the necessary requirements under the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith. The Commission further found that the agreement adequately covered minimum entitlements and provided appropriate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the enterprise agreement, subject to its registration with the Fair Work Commission. The Transport Workers Union of Australia's objections were dismissed, and the agreement was declared to be in effect from the date of the Commission's decision.

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