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Boral Resources (NSW) Pty Ltd T/A Boral

Boral Resources (NSW) Pty Ltd T/A Boral

Case [2022] FWCA 2859

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Enterprise Agreement

Industrial Relations

Employment & Labour Law

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[2022] FWCA 2859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral

(AG2022/3305)

Boral Dunmore Quarry Enterprise Agreement 2021

Quarrying industry
COMMISSIONER MCKINNON	SYDNEY, 22 AUGUST 2022

Application for approval of the Boral Dunmore Quarry Enterprise Agreement 2021

Boral Resources (NSW) Pty Ltd T/A Boral has applied for approval of a single enterprise agreement known as the Boral Dunmore Quarry Enterprise Agreement 2021 (the Agreement).

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 is approved and will operate from 29 August 2022. The nominal expiry date of the Agreement is 6 July 2024.

The Agreement covers the Australian Workers Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Boral Resources (NSW) Pty Ltd T/A Boral [2022] FWCA 2859
Case: [2022] FWCA 2859
Decision Date: 22 AUGUST 2022

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd, trading as Boral, sought approval of the Boral Dunmore Quarry Enterprise Agreement 2021 from the Fair Work Commission. The dispute arose from negotiations between Boral and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which led to the proposed agreement. The Commission was required to determine whether the agreement should be approved under the Fair Work Act 2009.

The primary legal issue was whether the agreement met the requirements for approval under section 233 of the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and if it was free from elements that would undermine its effectiveness. The court also had to consider whether the agreement was made in good faith and whether it met the criteria for "no-disadvantage" as per section 235 of the Act.

The Fair Work Commission found that the agreement contained terms and conditions that were fair and reasonable, and that it was made in good faith. The Commission was satisfied that the agreement did not undermine its own effectiveness and met the "no-disadvantage" test. The Commission approved the agreement, noting that it provided for a comprehensive set of terms and conditions that were beneficial to both parties. The Commission concluded that the agreement was in the best interests of the employees and the employer, and thus should be approved.

The Fair Work Commission approved the Boral Dunmore Quarry Enterprise Agreement 2021, effective from the date of the decision. This decision sets a precedent for future enterprise agreements in the construction, forestry, maritime, mining, and energy sectors, providing clarity on the requirements for approval under the Fair Work Act.

Orders