Boral Resources (QLD) Pty Limited Summary

[2014] FWCA 5822

FAIR WORK COMMISSION

DECISION

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

Boral Resources (QLD) Pty Limited
(AG2014/7133)

BORAL QUARRIES NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 25 AUGUST 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Quarries 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 Quarries Northern Territory Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009. The application was opposed by the Building and Construction Trades Employees Union, the Construction, Forestry, Maritime, Mining and Energy Union, and the Australian Workers’ Union. The nature of the dispute was whether the agreement was in the best interests of the employees covered by the agreement.

The legal issues before the Commission were whether the agreement provided for fair remuneration and conditions for the employees, and whether it was consistent with the objectives of the Fair Work Act. The Commission considered whether the agreement provided for adequate wages and conditions, whether it provided for a fair dispute resolution process, and whether it was consistent with the public interest. The Commission also considered whether the agreement was made in good faith and whether it provided for adequate protections for employees.

The Commission found that the agreement provided for fair remuneration and conditions for the employees, and was consistent with the objectives of the Fair Work Act. The Commission found that the agreement provided for adequate wages and conditions, including provisions for overtime, penalty rates, and shift loadings. The Commission also found that the agreement provided for a fair dispute resolution process, and was consistent with the public interest. The Commission found that the agreement was made in good faith, and provided for adequate protections for employees, including provisions for redundancy and termination of employment. The Commission approved the agreement, subject to certain modifications.

The final orders of the Commission were that the Boral Quarries Northern Territory Enterprise Agreement 2014 be approved, subject to certain modifications. The modifications related to the provisions for shift loadings, penalty rates, and redundancy. The modifications were designed to ensure that the agreement provided for fair remuneration and conditions for the employees, and was consistent with the objectives of the Fair Work Act.

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