DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral Recycling
(AG2017/6502)

BORAL NSW & ACT RECYCLING ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 JANUARY 2018

Application for approval of the Boral NSW & ACT Recycling Enterprise Agreement 2017.

[1] On 20 December 2017 Boral Resources (NSW) Pty Ltd T/A Boral Recycling (Applicant) made an application for approval of the Boral NSW & ACT Recycling Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

[2] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 January 2018. The nominal expiry date of the Agreement is 7 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd, trading as Boral Recycling, applied to the Fair Work Commission for the approval of the Boral NSW & ACT Recycling Enterprise Agreement 2017. The applicant sought to have the agreement declared as a lawful agreement under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers Union (AMWU), which raised objections to specific terms and conditions of the proposed agreement.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the good faith bargaining process, and whether the terms and conditions of the agreement were fair and reasonable. The AMWU argued that the process of negotiation did not comply with the good faith requirements, and certain terms were unfair. The Commission considered the evidence and submissions from both parties to determine if the agreement met the legislative criteria for approval.

The Fair Work Commission, after reviewing the evidence and submissions, found that the agreement was made in good faith and met the criteria for approval. The Commission determined that the process of negotiation was fair and reasonable and that the terms and conditions of the agreement were not unfair. The Commission noted the provisions for consultation and dispute resolution, as well as the provisions for employee protection and benefits, were satisfactory. Consequently, the Commission approved the agreement, deeming it to be a lawful agreement under the Fair Work Act.

The final orders included the approval of the Boral NSW & ACT Recycling Enterprise Agreement 2017, which will now be binding on the parties involved. The decision ensures that the agreement is recognised and enforceable, providing a framework for the employment relationship between Boral Recycling and its employees in New South Wales and the Australian Capital Territory.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established