Boral Resources (NSW) Pty Ltd T/A Boral Summary

[2022] FWCA 2144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral

(AG2022/1914)

Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 29 JUNE 2022

Application for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2021 (Agreement). The application was made by Boral Resources (NSW) Pty Ltd T/A Boral (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 8.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2022. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd T/A Boral applied to the Fair Work Commission for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2021. The Commission was required to decide whether the Agreement complied with the Fair Work Act 2009 (Cth) and whether it met the requirements for approval. Commissioner Matheson determined that certain provisions of the Agreement may conflict with the National Employment Standards (NES). However, he was satisfied that the more beneficial entitlements of the NES would prevail where there was an inconsistency between the Agreement and the NES. The Commissioner also found that all relevant requirements of the Fair Work Act had been met, and the Transport Workers’ Union of Australia had given notice that it wanted the Agreement to cover its members. The Agreement was approved and will operate from 6 July 2022 until 1 July 2024.

The Commission examined the provisions of the Agreement to determine whether they complied with the Fair Work Act and whether they met the requirements for approval. The Commissioner noted that certain provisions of the Agreement may conflict with the NES, but he was satisfied that the more beneficial entitlements of the NES would prevail where there was an inconsistency between the Agreement and the NES. The Commissioner also found that all relevant requirements of the Fair Work Act had been met, and the Transport Workers’ Union of Australia had given notice that it wanted the Agreement to cover its members. The Agreement was approved and will operate from 6 July 2022 until 1 July 2024.

The Fair Work Commission approved the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2021. The Agreement will operate from 6 July 2022 until 1 July 2024. The Commissioner found that certain provisions of the Agreement may conflict with the NES, but he was satisfied that the more beneficial entitlements of the NES would prevail where there was an inconsistency between the Agreement and the NES. The Commissioner also found that all relevant requirements of the Fair Work Act had been met, and the Transport Workers’ Union of Australia had given notice that it wanted the Agreement to cover its members. The final orders of the Commission were that the Agreement be approved and that it operate from 6 July 2022 until 1 July 2024.

Boral Resources (NSW) Pty Ltd T/A Boral

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established