DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral Quarries
(AG2019/1642)

BORAL DUNMORE QUARRY ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2019

Application for approval of the Boral Dunmore Quarry Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boral Dunmore Quarry Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Boral Resources (NSW) Pty Ltd T/A Boral Quarries. 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) 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is 6 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd T/A Boral Quarries applied for approval of the Boral Dunmore Quarry Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute involved the terms of the proposed enterprise agreement, which sought to regulate the employment conditions of Boral's workers. The primary legal issues centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including the provisions concerning procedural fairness and the need for genuine bargaining.

The Fair Work Commission considered whether the agreement had been fairly negotiated and if it contained the mandatory terms required by the Act. Specifically, the Commission examined whether the agreement was in the best interests of the employees and whether it adhered to the principles of procedural fairness. The Court also evaluated if the agreement contained all the mandatory terms prescribed by the Fair Work Act. Ultimately, the Commission determined that the agreement met the statutory requirements and was in the best interests of the employees. It found that the negotiation process was procedurally fair and that all mandatory terms had been appropriately included.

The Fair Work Commission approved the Boral Dunmore Quarry Enterprise Agreement 2018, recognising that the agreement satisfied all legal criteria for approval. The decision underscored the importance of genuine bargaining and adherence to the statutory framework in enterprise agreements. The Commission's approval of the agreement marked the resolution of the dispute, ensuring that the employment conditions were fairly negotiated and met the necessary legal standards.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established