DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral
(AG2017/2085)

BORAL CONCRETE (COUNTRY QLD) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 12 JULY 2017

Application for approval of the Boral Concrete (Country QLD) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete (Country QLD) Enterprise Agreement 2017 (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 T/A Boral. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2017. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Court concerns the approval of the Boral Concrete (Country QLD) Enterprise Agreement 2017, which was put forward by Boral Resources (QLD) Pty Limited, trading as Boral, for endorsement by the Fair Work Commission. The dispute centres around whether the agreement meets the necessary requirements under the Fair Work Act 2009 to be approved and registered. The Fair Work Commission, exercising its powers under the Fair Work Act, was tasked with determining if the agreement sufficiently addressed the core employment conditions, including minimum rates of pay, leave entitlements, and other essential terms and conditions of employment.

The primary legal issues that the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions, and if it met the criteria for approval as stipulated in the Fair Work Act. Specifically, the Commission needed to ensure that the agreement did not disadvantage employees by setting terms below the minimum standards prescribed by the relevant award or the National Employment Standards. Additionally, the Commission was required to consider whether the agreement had been made in good faith and whether it provided for an appropriate process for resolving disputes.

The Commission, after reviewing the evidence and submissions from both parties, found that the Boral Concrete (Country QLD) Enterprise Agreement 2017 was fair and reasonable. The agreement was deemed to adequately cover the minimum rates of pay, leave entitlements, and other essential terms and conditions, without disadvantaging employees. Furthermore, the Commission concluded that the agreement was made in good faith and included appropriate mechanisms for resolving disputes. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for endorsement under the Fair Work Act.

In light of the findings, the Fair Work Commission approved the Boral Concrete (Country QLD) Enterprise Agreement 2017, confirming its registration. This decision allows the agreement to legally bind the parties and set the terms and conditions of employment for the relevant employees.

Boral Resources (QLD) Pty Limited T/A Boral

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established