Boral Resources (QLD) Pty Limited

[2014] FWCA 6503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (QLD) Pty Limited
(AG2014/8740)

BORAL LOGISTICS NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Boral Logistics Northern Territory Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Logistics Northern Territory Enterprise Agreement 2014 (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 Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2014. The nominal expiry date of the Agreement is 24 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (QLD) Pty Limited applied for the approval of the Boral Logistics Northern Territory Enterprise Agreement 2014. The application arose from a dispute between the company and the union, the Construction, Forestry, Maritime, Mining and Energy Union, concerning the terms and conditions of employment for workers within the company's logistics operations in the Northern Territory. The central issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly whether the agreement had been made "in the spirit of the Act" and whether it contained the necessary provisions for employees' rights and entitlements.

The Commission considered various factors in reaching its decision. It examined whether the agreement contained all the mandated minimum terms and conditions, assessed whether there was genuine bargaining between the parties, and evaluated if the agreement was likely to promote harmonious, productive, and cooperative workplace relations. The Commission concluded that the agreement complied with the statutory requirements, as it included all necessary minimum terms and conditions, evidenced a process of genuine bargaining, and was likely to foster cooperative workplace relations. The agreement was thus deemed to be made in the spirit of the Act and was approved.

The Commission's decision was grounded in a detailed analysis of the bargaining process and the content of the agreement. It found that the agreement provided fair and reasonable terms for the employees, ensuring their rights and entitlements were protected while also considering the interests of the employer. The approval of the agreement was seen as a balanced outcome that would support the objectives of the Fair Work Act. The Commission's approval of the agreement will now allow it to be registered, providing legal certainty to both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established