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

[2022] FWCA 1311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral

(AG2022/967)

Boral Seaham and Stockton Enterprise Agreement2020

Quarrying industry
COMMISSIONER JOHNS	MELBOURNE, 13 APRIL 2022

Application for the approval of Boral Seaham and Stockton Enterprise Agreement 2020

An application has been made for approval of an enterprise agreement known as the Boral Seaham and Stockton Enterprise Agreement 2020 (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 T/A Boral. The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2022. The nominal expiry date of the Agreement is 9 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Boral Resources (NSW) Pty Ltd, trading as Boral, against the Australian Building and Construction Commission, the matter before the Fair Work Commission concerned the application for the approval of the Boral Seaham and Stockton Enterprise Agreement 2020. The dispute arose as the applicant sought to finalise an enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including compliance with the 'better off overall test' and other legislative criteria.

The central legal issue before the Commission was whether the proposed enterprise agreement sufficiently satisfied the 'better off overall test' as prescribed by the Fair Work Act. This test requires that employees covered by the agreement be no worse off financially and at least as well off overall compared to their previous conditions of employment or relevant awards. Additionally, the Commission had to assess whether the agreement contained all necessary provisions and whether it adhered to the procedural requirements for enterprise agreements.

The Fair Work Commission concluded that the Boral Seaham and Stockton Enterprise Agreement 2020 met the statutory requirements for approval. The Commission found that the agreement provided employees with a financial benefit overall and did not disadvantage them compared to their previous conditions or relevant awards. Furthermore, the agreement included all necessary provisions and complied with the procedural requirements set out in the Act. The Commission approved the enterprise agreement, acknowledging the benefits it provided to the employees and the adherence to legal standards.

The final orders of the Commission included the approval of the Boral Seaham and Stockton Enterprise Agreement 2020, effective from the date of the decision. The agreement was set to regulate the terms and conditions of employment for the employees covered by it, providing a framework for future industrial relations within the organisation. The decision underscored the importance of ensuring that enterprise agreements meet the legislative requirements and benefit the workforce as intended.

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