DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Asphalt Queensland
(AG2017/1513)

BORAL ASPHALT QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JUNE 2017

Application for approval of the Boral Asphalt Queensland Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Asphalt Queensland Maintenance Enterprise Agreement 2016 (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 Asphalt Queensland. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 June 2017 and, in accordance with s.54, will operate from 13 June 2017. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Boral Resources (QLD) Pty Limited, trading as Boral Asphalt Queensland, applied for the approval of the Boral Asphalt Queensland Maintenance Enterprise Agreement 2016. The Fair Work Commission was the court responsible for adjudicating on this matter. The crux of the dispute was whether the proposed enterprise agreement met the legal requirements for approval, specifically focusing on provisions related to redundancy and the classification of employees.

The legal issues before the Commission involved whether the agreement was genuinely bargained and whether it contained the necessary provisions to ensure fairness and compliance with the Fair Work Act 2009. Key points of contention included the definition of "redundancy" and the classification of employees, particularly whether certain roles were accurately categorised as "tradespersons" under the agreement.

The Commission considered the evidence provided by both parties and examined the terms of the agreement in light of the statutory requirements. It found that the agreement was genuinely negotiated and that the terms, including those relating to redundancy and employee classification, were fair and reasonable. The Commission concluded that the agreement met all legal requirements for approval and did not contain any provisions that would render it invalid. The Commission approved the enterprise agreement, allowing it to come into effect as intended.

The final orders of the Commission were that the Boral Asphalt Queensland Maintenance Enterprise Agreement 2016 be approved in its entirety. This decision was made on the basis that the agreement was fairly negotiated and met all legal requirements for approval under the Fair Work Act. The approved agreement was to take effect from the date of the Commission's decision.

Boral Resources (QLD) Pty Limited T/A Boral Asphalt Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established