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

[2022] FWCA 190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2021/8640)

Boral NSW & ACT Recycling Enterprise Agreement 2020

Waste management industry
DEPUTY PRESIDENT CROSS	SYDNEY, 24 JANUARY 2022

Application for approval of the Boral NSW & ACT Recycling Enterprise Agreement 2020

An application has been made for approval of an enterprise agreement known as the Boral NSW & ACT Recycling 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. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 6 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Boral Resources (NSW) Pty Ltd trading as Boral Quarries, the Fair Work Commission was required to determine the approval of the Boral NSW & ACT Recycling Enterprise Agreement 2020. The dispute arose from the application for the agreement, which sought to regulate the employment terms and conditions of employees in the recycling sector across New South Wales and the Australian Capital Territory.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for the lawful terms and conditions of employment, and whether it was made in good faith. The application was made by the employer, Boral Resources, and the Australian Council of Trade Unions (ACTU) and the Australian Manufacturing Workers' Union (AMWU) were the representative trade unions involved in the negotiation and submission of the agreement.

The Fair Work Commission considered the provisions of the agreement and the relevant legislative framework. The Commission found that the agreement adequately addressed the lawful terms and conditions of employment and was made in good faith. The Commission was satisfied that the proposed agreement met the criteria for approval, and therefore, the Boral NSW & ACT Recycling Enterprise Agreement 2020 was approved. This decision was based on the Commission's analysis of the agreement's provisions, the parties' bargaining conduct, and the overall compliance with the Fair Work Act 2009. The Commission determined that the agreement would provide for the lawful terms and conditions of employment for employees in the recycling sector across New South Wales and the Australian Capital Territory.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established