Boral Resources (NSW) Pty Ltd Trading AS Boral Quarries

[2025] FWCA 1559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd Trading AS Boral Quarries

(AG2025/1304)

BORAL SEAHAM AND STOCKTON ENTERPRISE AGREEMENT 2023

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 9 MAY 2025

Application for approval of the Boral Seaham and Stockton Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Boral Seaham and Stockton Enterprise Agreement 2023 (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 Trading AS Boral Quarries. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2025. The nominal expiry date of the Agreement is 16 May 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Boral Resources (NSW) Pty Ltd Trading AS Boral Quarries, the Fair Work Commission was tasked with approving the Boral Seaham and Stockton Enterprise Agreement 2023. This enterprise agreement was negotiated between the company and the relevant union and is intended to govern the employment conditions of workers at the Seaham and Stockton quarries. The dispute primarily revolved around whether the agreement appropriately balanced the interests of the employees, the employer, and the broader community.

The central legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable, considering the statutory criteria set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the ‘better off overall test’ and whether it provided for appropriate mechanisms to resolve disputes. Additionally, the Commission examined if the agreement adhered to relevant public policy considerations, such as environmental sustainability and community impact.

The Fair Work Commission found that the enterprise agreement was fair and reasonable. In reaching this decision, the Commission highlighted several key factors. Firstly, the agreement included provisions that ensured employees were better off overall, taking into account both financial and non-financial benefits. Secondly, the agreement contained effective dispute resolution mechanisms that aligned with the statutory requirements. The Commission also noted that the agreement had been negotiated in good faith and included considerations for environmental sustainability and community impact, which were deemed appropriate and reasonable.

The final orders of the Commission were to approve the Boral Seaham and Stockton Enterprise Agreement 2023, subject to the conditions specified in the decision. This approval ensures that the agreement will govern the employment conditions of the workers at the Seaham and Stockton quarries, providing a framework for fair and reasonable employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established