Boral Resources (Qld) Pty Limited

[2014] FWCA 6131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Qld) Pty Limited
(AG2014/7265)

BORAL COUNTRY QUEENSLAND CONCRETE AGITATOR DRIVER ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 4 SEPTEMBER 2014

Application for approval of the Boral Country Queensland Concrete Agitator Driver Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Country Queensland Concrete Agitator Driver 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. 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 11 September 2014. The nominal expiry date of the Agreement is 10 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Boral Resources (Qld) Pty Limited, applied to the Fair Work Commission for the approval of the Boral Country Queensland Concrete Agitator Driver Enterprise Agreement 2014. The respondents included unions representing employees in the concrete industry. The nature of the dispute was whether the proposed enterprise agreement met the statutory requirements for approval, including the 'better off overall test' and whether it was made in good faith. The matter was heard in the Fair Work Commission, an Australian federal statutory court with specific jurisdiction in employment and workplace relations matters.

The legal issues before the Commission involved whether the proposed agreement provided employees with a safety net of minimum wages and conditions and whether it was better off overall for the employees compared to the applicable awards. Additionally, the Commission had to determine if the agreement was made in good faith, considering the bargaining process and the parties' conduct during negotiations. The Commission considered submissions from both the applicant and the respondents, as well as evidence provided by the parties.

In reaching its decision, the Fair Work Commission examined the terms of the proposed agreement, the applicable awards, and the bargaining process. The Commission found that the agreement provided employees with a safety net of minimum wages and conditions and met the better off overall test. The Commission also concluded that the agreement was made in good faith, considering the parties' conduct during negotiations. Based on these findings, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Boral Country Queensland Concrete Agitator Driver Enterprise Agreement 2014, finding that it met the statutory requirements for approval. The decision confirmed that the agreement provided employees with a safety net of minimum wages and conditions and was better off overall for the employees compared to the applicable awards. Additionally, the Commission found that the agreement was made in good faith, considering the bargaining process and the parties' conduct during negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established