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

[2022] FWCA 1948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral

(AG2022/1822)

Boral NSW and ACT Country Agitator Driver’s Enterprise Agreement 2020

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 JUNE 2022

Application for approval of the Boral NSW and ACT Country Agitator Driver’s Enterprise Agreement 2020

An application has been made for approval of an enterprise agreement known as the Boral NSW and ACT Country Agitator Driver’s Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 June 2022. The nominal expiry date of the Agreement is 10 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Boral Resources (NSW) Pty Ltd trading as Boral, the company sought approval for the Boral NSW and ACT Country Agitator Driver’s Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, where the central issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by law, and whether it was fair and reasonable. Additionally, the Commission needed to consider whether the agreement adequately represented the interests of the employees involved and whether there was sufficient consultation and negotiation process as required by the Act.

In its decision, the Commission found that the enterprise agreement met the statutory requirements. The company demonstrated good faith in the negotiation process, and the agreement contained all the necessary minimum terms and conditions. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the industry. The Commission concluded that the agreement appropriately represented the interests of the employees and that there had been adequate consultation and negotiation. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the Boral NSW and ACT Country Agitator Driver’s Enterprise Agreement 2020 be approved and registered. This decision ensures that the agreement is legally binding and enforceable under the Fair Work Act.

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