DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral Concrete
(AG2020/3246)

BORAL CONCRETE SYDNEY METROPOLITAN DRIVERS ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 23 NOVEMBER 2020

Application for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2019 (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 Concrete. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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) I note that the Agreement covers the organisation.

[4] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 18.8 – Additional Annual Leave for Seven Day Shift Workers.

However, noting clauses 8.2 and 8.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2020. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Boral Resources (NSW) Pty Ltd T/A Boral Concrete, the Fair Work Commission addressed an application for the approval of a new enterprise agreement, the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2019. The application was brought by the employer, Boral Resources, seeking to have the proposed agreement, which aimed to replace the existing enterprise agreement, approved under the Fair Work Act 2009. The agreement in question pertains to the employment conditions of drivers working in Sydney's metropolitan area for Boral Concrete.

The legal issues before the Commission were primarily centred on whether the proposed agreement met the procedural and substantive requirements for approval under the Act. This involved assessing whether the agreement had been fairly negotiated, whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the national workplace relations system. Additionally, the Commission had to consider whether the agreement met the better off overall test, ensuring that employees were no worse off financially under the new agreement.

The Fair Work Commission found that the proposed agreement was fairly negotiated and contained terms and conditions that were fair and reasonable. It was also determined that the agreement was consistent with the national workplace relations system. Importantly, the Commission concluded that the agreement met the better off overall test, as it provided for improvements in various aspects of employment conditions, including wages, leave provisions, and job security. Consequently, the Commission approved the application and certified the new enterprise agreement as meeting the necessary legal standards.

In summary, the Fair Work Commission approved the application for the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2019, recognising its compliance with the statutory requirements under the Fair Work Act 2009. The decision underscores the Commission's role in ensuring that enterprise agreements are fair, reasonable, and beneficial to employees while maintaining consistency with the broader national workplace relations framework.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established