Boral Resources (NSW) Pty Ltd t/a Boral Quarries Summary

[2025] FWCA 2026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd t/a Boral Quarries

(AG2025/1764)

BORAL PEATS RIDGE QUARRY ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 19 JUNE 2025

Application for approval of the Boral Peats Ridge Quarry Enterprise Agreement 2024

Boral Resources (NSW) Pty Ltd has applied for approval of an enterprise agreement known as the Boral Peats Ridge Quarry Enterprise Agreement 2024 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Australian Workers’ Union (“AWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement. The AWU has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AWU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 26 June 2025. The nominal expiry date of the Agreement is 19 June 2029.

COMMISSIONER

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CaseChat Overview and Summary

In the recent matter of Boral Resources (NSW) Pty Ltd trading as Boral Quarries, the Fair Work Commission was called upon to consider and determine whether the proposed Boral Peats Ridge Quarry Enterprise Agreement 2024 should be approved. The application arose from negotiations between the company and its employees' representatives, seeking to establish terms and conditions of employment for the workers at the Peats Ridge Quarry. The decision was made within the framework of the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria before they can be approved.

The primary legal issue before the Commission was whether the proposed agreement fulfilled the statutory requirements for approval. This involved examining whether the agreement contained the necessary provisions, including minimum terms as outlined in the Fair Work Act, and whether it had been made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees it covered, taking into account factors such as the potential impact on employment conditions and the views of the workforce.

The Fair Work Commission carefully reviewed the contents of the proposed agreement, assessing its compliance with the statutory framework. The Commission noted that the agreement included all the necessary minimum terms as stipulated by the Fair Work Act. It was found that the agreement had been made in good faith and without any evidence of coercion. Furthermore, the Commission considered the views expressed by the workforce during the consultation process, which indicated a general acceptance of the terms. Ultimately, the Commission was satisfied that the agreement was in the best interests of the employees, as it provided a fair and reasonable set of employment conditions. Therefore, the Commission approved the Boral Peats Ridge Quarry Enterprise Agreement 2024.

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