Boral Resources (Qld) Pty Limited Summary

[2018] FWCA 7600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Qld) Pty Limited

(AG2018/5054)

BORAL CONCRETE (SEQ) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 DECEMBER 2018

Application for approval of the Boral Concrete (SEQ) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Boral Concrete (SEQ) 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 (Qld) Pty Limited. 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, 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 14 December 2018 and, in accordance with s.54, will operate from 21 December 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Boral Resources (Qld) Pty Limited, the Fair Work Commission was tasked with approving the Boral Concrete (SEQ) Enterprise Agreement 2018. The dispute arose under the Fair Work Act 2009, with the primary issue being whether the enterprise agreement met the statutory requirements for approval, including the necessity for it to provide for fair and reasonable terms and conditions for employees. The application for approval was brought by the employer, Boral Resources (Qld) Pty Limited, and was contested by the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission had to consider various factors, including the balance of the agreement, the process by which it was negotiated, and the views of the employees as expressed through a vote.

The legal issues before the Commission centred on the interpretation of the Fair Work Act 2009 and the specific criteria for approving an enterprise agreement. The Commission needed to determine whether the agreement was fair and reasonable, and if it met the statutory requirements for approval. This involved an examination of the agreement's terms and conditions, the process of its negotiation, and the outcomes of the employee vote. The Commission also had to consider the broader implications of the agreement on the parties involved and the workforce.

After reviewing the evidence and submissions from both parties, the Commission found that the Boral Concrete (SEQ) Enterprise Agreement 2018 was fair and reasonable. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it met the statutory requirements for approval. The Commission considered the balance of the agreement, the process of its negotiation, and the views of the employees as expressed in the vote. The Commission concluded that the agreement was in the best interests of the employees and that it should be approved. The Commission noted the importance of enterprise agreements in promoting better outcomes for both employers and employees, and it found that this agreement achieved that objective.

As a result of the Commission's decision, the Boral Concrete (SEQ) Enterprise Agreement 2018 was approved. The terms and conditions of the agreement will now apply to the employees covered by it, and it will provide a framework for the relationship between the employer and the employees for the duration of the agreement. The approval of the agreement is a significant outcome for both the employer and the employees, as it provides certainty and stability in the workplace. The decision of the Commission is a testament to the importance of fair and reasonable enterprise agreements in promoting better outcomes for all parties involved.

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