DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd and Boral Resources (Country) Pty Limited T/A Boral
(AG2016/7821)

BORAL NSW & ACT COUNTRY QUARRY OPERATORS ENTERPRISE AGREEMENT 2016

Quarrying industry
COMMISSIONER ROE	MELBOURNE, 23 FEBRUARY 2017

Application for approval of the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2016 (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 and Boral Resources (Country) Pty. Limited T/A Boral. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 February 2017 and, in accordance with s.54, will operate from 2 March 2017. The nominal expiry date of the Agreement is 23 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Boral Resources (NSW) Pty Ltd and Boral Resources (Country) Pty Limited, trading as Boral, for the approval of the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2016. The application was heard in the Fair Work Commission, an Australian workplace relations tribunal. The matter centres on whether the proposed enterprise agreement meets the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Act. Specifically, the Commission had to consider whether the agreement was certified as a bargain in good faith and whether it included the essential safeguards and entitlements. The Commission also needed to examine the process by which the agreement was negotiated, including whether the necessary procedural fairness was observed.

In reaching its decision, the Commission thoroughly examined the negotiation process and the content of the agreement. The Commission found that the agreement was indeed the product of good faith bargaining and that it contained all the necessary safeguards and entitlements. The Commission also confirmed that the proper procedures were followed in the negotiation process, ensuring that employees had a meaningful opportunity to participate in the process. Based on these findings, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2016, confirming its compliance with the Fair Work Act 2009. The Commission found that the agreement was the result of good faith bargaining, included all required safeguards and entitlements, and was negotiated in a procedurally fair manner.

Boral Resources (NSW) Pty Ltd and Boral Resources (Country) Pty Limited T/A Boral

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established