DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (NSW) Pty Ltd
(AG2015/3329)

BORAL NSW METRO QUARRIES DEPOT ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 JULY 2015

Application for approval of the Boral NSW Metro Quarries Depot Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral NSW Metro Quarries Depot Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and will operate from 27 July 2015. The nominal expiry date of the Agreement is 14 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Boral Resources (NSW) Pty Ltd, which sought approval for the Boral NSW Metro Quarries Depot Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement should be certified as a registered agreement under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the procedural requirements for its approval, specifically whether the agreement was genuinely negotiated and whether it met the criteria for certification.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the procedural requirements for certification as set out in the Fair Work Act. The Commission had to consider whether the agreement was the product of genuine negotiations between the employer and the employees, and whether the agreement met all the legislative requirements for it to be approved and registered. The Commission also needed to examine if there were any issues that rendered the agreement non-compliant, such as whether it provided for the proper terms and conditions of employment.

The Commission found that the agreement was genuinely negotiated and that it complied with the legislative requirements for certification. The Commission examined the evidence presented regarding the negotiation process and concluded that the agreement was the product of genuine bargaining between the parties. It also found that the agreement met all the necessary criteria for registration, including that it did not contain any provisions that would be detrimental to the employees or contrary to public policy. Based on these findings, the Commission approved and registered the Boral NSW Metro Quarries Depot Enterprise Agreement 2015 as a registered agreement. The decision underscored the importance of genuine negotiation and compliance with statutory requirements in the certification of enterprise agreements.

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