Boral Resources (Qld) Pty Limited T/A Boral

[2022] FWCA 3912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Qld) Pty Limited T/A Boral

(AG2022/4504)

Boral Testers (Country QLD) Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 8 NOVEMBER 2022

Application for approval of the Boral Testers (Country QLD) Enterprise Agreement 2021

Boral Resources (Qld) Pty Limited T/A Boral has applied for approval of a single enterprise agreement known as the Boral Testers (Country QLD) Enterprise Agreement 2021 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 15 November 2022. The nominal expiry date of the Agreement is 8 November 2025.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Qld) Pty Limited, trading as Boral, sought approval for the Boral Testers (Country QLD) Enterprise Agreement 2021 from the Fair Work Commission. The agreement, which was to replace the Boral Testers (Country QLD) Enterprise Agreement 2019, was disputed by the Queensland Building and Construction General On-Site Union. The union argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009, particularly in relation to the pay rates and conditions for employees classified as 'testers'.

The legal issues before the Commission were whether the proposed agreement adequately provided for the employees' pay rates and conditions, and whether it complied with the provisions of the Fair Work Act. The Commission had to consider whether the agreement was in the best interests of the employees and whether it was fair and reasonable. The union's main contention was that the pay rates proposed in the agreement were insufficient and did not reflect the employees' skills and responsibilities.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and in the best interests of the employees. The Commission noted that the agreement provided for a significant increase in pay rates for the employees and that the new rates were competitive with those in similar agreements. The Commission also found that the agreement provided for appropriate conditions for the employees, including provisions for overtime, penalty rates, and leave. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the Boral Testers (Country QLD) Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established