Boral Resources (QLD) Pty Limited Summary

[2014] FWCA 3003

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Logistics

(AG2014/944)

BORAL LOGISTICS METRO ENTERPRISE AGREEMENT 2014

Road transport industry

COMMISSIONER ROBERTS

SYDNEY, 7 MAY 2014

Application for approval of the Boral Logistics Metro Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

Boral Logistics Metro Enterprise Agreement 2014 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (QLD) Pty
Limited T/A Boral Logistics. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is

relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

14 May 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Boral Resources (QLD) Pty Limited T/A Boral Logistics and the Transport Workers’ Union of Australia. The agreement in question is the Boral Logistics Metro Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The primary legal issue before the court was whether the agreement fulfilled all the statutory criteria for approval as outlined in sections 186, 187, and 188 of the Act. Specifically, the court needed to ensure that the agreement was genuinely a product of bargaining, free from any improper influence, and contained appropriate provisions for employee protections and dispute resolution.

After reviewing the application and considering the evidence, the Commissioner concluded that all requirements for approval were met. The Commissioner confirmed that the Transport Workers’ Union of Australia, which is a bargaining representative for the agreement, had expressed a desire to be covered by the agreement under section 183 of the Act. Additionally, the Commissioner noted that the agreement effectively covered the union, as required by section 201(2) of the Act. Consequently, the Commissioner approved the agreement, and it became effective on 14 May 2014, with a nominal expiry date of 31 March 2017.

Boral Resources (QLD) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established