DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd
(AG2015/7130)

BORAL CONCRETE SYDNEY ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 4 MARCH 2016

Application for approval of the Boral Concrete Sydney Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Sydney Enterprise Agreement 2015 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Boral Concrete Sydney Enterprise Agreement 2015. The applicant sought to have the agreement registered as a single-employer agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for approval and if it was consistent with the broader objectives of the Act.

The court was required to determine whether the agreement was made in good faith and if it contained the necessary minimum terms and conditions. The key legal issues included the proper procedure for the negotiation and execution of the agreement, its compliance with the Fair Work Act, and the extent to which it satisfied the "better off overall test" for employees.

The court found that the agreement was made in good faith and complied with the procedural and substantive requirements of the Fair Work Act. The agreement was negotiated through a process that involved genuine consultation and consideration of the interests of the employees. The court also determined that the agreement met the better off overall test, as it provided benefits to the employees that outweighed any detriments. Consequently, the court approved the agreement and ordered its registration as a single-employer enterprise agreement.

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