Boral Resources (Qld) Pty Limited Summary

[2014] FWCA 6313

FAIR WORK COMMISSION

DECISION

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

Boral Resources (Qld) Pty Limited
(AG2014/7214)

BORAL COUNTRY QUARRIES QUEENSLAND ENTERPRISE AGREEMENT 2014

DEPUTY PRESIDENT ASBURY

BRISBANE, 10 SEPTEMBER 2014

Application for approval of the Boral Country Quarries Queensland Enterprise Agreement 2014.

[1] Boral Resources (Qld) Pty Limited applies for approval of an enterprise agreement known as the Boral Country Quarries Queensland Enterprise Agreement 2014 (the Agreement) was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] 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.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 September 2014. The nominal expiry date of the Agreement is 10 September 2017.

DEPUTY PRESIDENT

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 Country Quarries Queensland Enterprise Agreement 2014. The applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009, including that it provided for a genuine enterprise bargaining process and addressed the needs of both employees and the business.

The primary legal issues before the Commission were whether the agreement had been made through a genuine enterprise bargaining process and if it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The Commission examined the evidence presented regarding the negotiation process, the consultation undertaken, and the terms of the agreement itself. It was important to determine if there was sufficient evidence of good faith bargaining and whether the agreement provided a safety net for employees by including minimum pay rates, conditions, and dispute resolution processes.

After reviewing the submissions and evidence, the Commission concluded that the agreement was made through a genuine enterprise bargaining process. It found that the applicant had demonstrated a commitment to good faith bargaining and had made reasonable efforts to consult with the employees' representatives. The Commission also determined that the agreement contained all the required minimum terms and conditions and did not include any terms that were detrimental to employees. Accordingly, the application for approval of the enterprise agreement was successful. The Commission approved the agreement, which will now apply to the relevant employees and the applicant.

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