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

[2021] FWCA 7272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral Quarries
(AG2021/8510)

BORAL PEATS RIDGE QUARRY ENTERPRISE AGREEMENT 2020

Quarrying industry
DEPUTY PRESIDENT EASTON	SYDNEY, 22 DECEMBER 2021

Application for approval of the Boral Peats Ridge Quarry Enterprise Agreement 2020.

[1] Boral Resources (NSW) Pty Ltd T/A Boral Quarries (the Employer) has made an application for the approval of the Boral Peats Ridge Quarry Enterprise Agreement 2020 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 AWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Boral Resources (NSW) Pty Ltd, trading as Boral Quarries, which sought approval of the Boral Peats Ridge Quarry Enterprise Agreement 2020. The application was brought before the Fair Work Commission. The dispute centred around the procedural fairness of the agreement, specifically whether the process leading to the agreement's creation was fair and whether the agreement itself was appropriate for the circumstances. The union representing the workers contested the fairness of the process and the terms of the agreement.

The Fair Work Commission was required to determine whether the process by which the agreement was reached was procedurally fair, and whether the agreement itself was suitable. The Commission needed to consider whether there was any procedural unfairness, including whether proper consultation occurred, and if the employees had adequate opportunity to express their views. Additionally, the Commission had to assess if the agreement was fair and reasonable, taking into account various factors such as the nature of the enterprise, the terms of the agreement, and the bargaining power of the parties involved.

In its decision, the Fair Work Commission concluded that the process leading to the agreement was procedurally fair, despite some shortcomings in the consultation process. The Commission noted that while there were areas for improvement, the overall process allowed employees to express their views. Furthermore, the Commission found that the agreement was fair and reasonable, considering the specific circumstances of the enterprise and the balance of interests of both parties. The Commission took into account the need for flexibility in the workforce and the economic realities faced by the company.

The Fair Work Commission approved the Boral Peats Ridge Quarry Enterprise Agreement 2020, subject to certain conditions that aimed to address the procedural shortcomings identified. The decision recognised the procedural fairness of the agreement and its appropriateness given the circumstances, while also setting out specific terms and conditions to ensure ongoing fairness in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established