DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral Quarries
(AG2018/2052)

BORAL PEATS RIDGE QUARRY ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER JOHNS	SYDNEY, 14 AUGUST 2018

Application for approval of the Boral Peats Ridge Quarry Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Peats Ridge Quarry Enterprise Agreement 2017 (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 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 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 21 August 2018. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court was brought by Boral Resources (NSW) Pty Ltd, trading as Boral Quarries, for approval of the Boral Peats Ridge Quarry Enterprise Agreement 2017. The Fair Work Commission, represented by its president, was the respondent. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the obligations of employers to bargain in good faith and the provisions of the agreement itself.

The court examined whether Boral had fulfilled its duty to bargain in good faith with the employees and their representatives, as stipulated in the Fair Work Act. This included assessing whether the agreement contained all mandatory terms required by the Act and whether it adhered to the principles of procedural fairness. The court also considered the fairness of the agreement's terms, including the provisions related to the employees' remuneration, conditions of employment, and dispute resolution mechanisms.

The court found that Boral had met its obligations to bargain in good faith, and that the agreement contained all mandatory terms as required by the Act. The court also determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The court approved the enterprise agreement, confirming its compliance with the statutory requirements and the principles of good faith bargaining.

The court ordered that the Boral Peats Ridge Quarry Enterprise Agreement 2017 be approved, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission and binding on all parties involved.

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