Boral Resources (QLD) Pty Limited

[2014] FWCA 5824

FAIR WORK COMMISSION

DECISION

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

Boral Resources (QLD) Pty Limited
(AG2014/7136)

BORAL CONCRETE BATCHER'S NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 25 AUGUST 2014

Application for approval of the Boral Concrete Batcher's Northern Territory Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Concrete Batcher's 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (QLD) Pty Limited applied to the Fair Work Commission for approval of the Boral Concrete Batcher's Northern Territory Enterprise Agreement 2014. The applicants sought approval of the agreement under section 234 of the Fair Work Act 2009. The respondents to the application included the Australian Council of Trade Unions and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the terms and conditions of employment for concrete batchers in the Northern Territory.

The court had to determine whether the agreement was a "simplified and short agreement" as defined by the Fair Work Act, and if it appropriately balanced the interests of the employees and the employer. Key issues included whether the agreement provided fair and reasonable terms and conditions for the employees, and if it was consistent with the Fair Work Act's objectives. The court also considered the fairness of the agreement in light of the parties' bargaining positions and the broader economic context.

The Fair Work Commission found that the agreement was a simplified and short agreement that met the requirements of the Fair Work Act. The agreement provided for reasonable terms and conditions for the employees, and balanced the interests of both parties. The Commission concluded that the agreement was fair and reasonable, and approved it under section 234 of the Fair Work Act. The Commission noted the cooperative approach taken by the parties in negotiating the agreement, and the overall benefit it would bring to the employees.

The Commission's decision was that the Boral Concrete Batcher's Northern Territory Enterprise Agreement 2014 was approved and registered under section 235 of the Fair Work Act. The agreement was to be in effect from 1 July 2014, and would apply to all concrete batchers employed by Boral Resources (QLD) Pty Limited in the Northern Territory. The decision provides clarity for both the employer and employees, and ensures that the agreement is consistent with the objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established