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

[2025] FWCA 959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2025/672)

BORAL DUNMORE QUARRY ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER SLOAN	SYDNEY, 20 MARCH 2025

Application for approval of the Boral Dunmore Quarry Enterprise Agreement 2024

Boral Resources (NSW) Pty Ltd has applied for approval of an enterprise agreement known as the Boral Dunmore Quarry Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Australian Workers’ Union (“AWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The AWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 27 March 2025. The nominal expiry date of the Agreement is 6 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd, trading as Boral Quarries, applied for the approval of the Boral Dunmore Quarry Enterprise Agreement 2024 before the Fair Work Commission. The enterprise agreement sought to establish terms and conditions of employment for the employees of the quarry, and the application was made under the Fair Work Act 2009. The application arose due to disagreements between the employer and the union representing the employees on various terms, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the proposed agreement met the "better off overall test" under section 231 of the Fair Work Act, ensuring that employees were no worse off financially and had improved conditions. The court had to consider whether the agreement complied with the good faith bargaining requirements, and whether it contained mandatory provisions as required by the Act. Additionally, the Commission had to assess whether the agreement adequately addressed the interests of all employees covered by the agreement.

The Fair Work Commission found that the proposed agreement met the better off overall test. The Commission noted that while some employees would receive wage increases, others would benefit from improved working conditions and enhanced dispute resolution mechanisms. The Commission was satisfied that the agreement had been negotiated in good faith and contained all mandatory provisions as required by the Act. The Commission further determined that the agreement adequately addressed the interests of all employees and was fair and reasonable.

The Fair Work Commission approved the Boral Dunmore Quarry Enterprise Agreement 2024. The agreement will now apply to the employees of the quarry, establishing their terms and conditions of employment for the specified period. The approval ensures that the agreement is legally binding and enforceable, providing a framework for industrial relations within the quarry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established