DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Limited
(AG2017/3433)

BORAL TESTERS (COUNTRY QLD) ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 31 AUGUST 2017

Application for approval of the Boral Testers (Country QLD) Enterprise Agreement 2017.

[1] On 10 August 2017 Boral Resources (QLD) Pty Limited (Applicant) made an application for approval of the Boral Testers (Country QLD) 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.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 September 2017. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Federal Circuit Court, Boral Resources (QLD) Pty Limited sought approval for the Boral Testers (Country QLD) Enterprise Agreement 2017. The Fair Work Commission, which was the respondent, was petitioned to ratify this agreement, which outlined the terms and conditions of employment for the company’s workers. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion, as mandated by the legislation.

The court had to determine if the agreement met the necessary criteria for approval, including whether it was made free from any improper influence or pressure. It also needed to consider whether the agreement provided for proper minimum entitlements and protections for the employees. The validity of the process through which the agreement was reached, including the extent of employee consultation and representation, was another significant point of contention.

Upon reviewing the evidence and arguments presented, the court found that the agreement was appropriately negotiated and did not exhibit any signs of coercion or improper influence. The court confirmed that the agreement met all statutory requirements and provided adequate protections and entitlements for the employees. Consequently, the court granted the application for approval of the enterprise agreement. The final orders confirmed the approval of the Boral Testers (Country QLD) Enterprise Agreement 2017, ensuring its enforceability as per the terms outlined.

Boral Resources (QLD) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established