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

[2018] FWCA 6913

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/3139)

Boral Laboratory BaulkHam Hills Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 12 NOVEMBER 2018

Application for approval of the Boral Laboratory Baulkham Hills Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Boral Laboratory Baulkham Hills Enterprise Agreement 2018 (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 Resources NSW Pty Ltd. The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 12 November 2018 and, in accordance with s.54, will operate from 19 November 2018. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd, trading as Boral Resources, applied to the Fair Work Commission for approval of the Boral Laboratory Baulkham Hills Enterprise Agreement 2018. The applicant argued the agreement was made in good faith and complied with the relevant provisions of the Fair Work Act 2009. The Australian Council of Trade Unions opposed the application, contending that the agreement did not meet the statutory requirements for good faith bargaining and contained provisions that were not reasonably capable of being in the interests of employees.

The central legal issues before the Commission were whether the agreement was made in good faith and whether it complied with the good faith bargaining obligations under the Fair Work Act. The Commission had to examine the process by which the agreement was negotiated and whether the provisions of the agreement were genuinely intended to be in the interests of the employees.

The Commission found that the process of negotiation was conducted in good faith and that the provisions of the agreement were genuinely intended to be in the interests of the employees. The Commission considered the evidence provided by both parties and concluded that the applicant had discharged the onus of proving that the agreement met the statutory requirements. The Commission emphasised the importance of genuine and meaningful engagement in the negotiation process and the need for the terms of the agreement to reflect a fair and reasonable outcome for both parties.

In light of the findings, the Commission approved the Boral Laboratory Baulkham Hills Enterprise Agreement 2018, recognising it as a valid and binding agreement between the parties. The Commission's decision underscores the importance of adhering to the statutory requirements for good faith bargaining and the need for agreements to genuinely reflect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established