Boral Resources (Qld) Pty Limited T/A Boral Asphalt Queensland Summary

[2024] FWCA 3587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/3639)

BORAL ASPHALT QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2023

Asphalt industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 OCTOBER 2024

Application for approval of the Boral Asphalt Queensland Maintenance Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Boral Asphalt Queensland Maintenance Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 October 2024. The nominal expiry date of the Agreement is 4 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boral Resources (Qld) Pty Limited trading as Boral Asphalt Queensland, sought approval of the Boral Asphalt Queensland Maintenance Enterprise Agreement 2023 from the Fair Work Commission. The applicant and the unions representing the employees were unable to reach an agreement on the terms of the proposed enterprise agreement. The unions argued that the proposed agreement did not provide adequate protections for employees and failed to address key issues such as wage increases and working conditions. The applicant, on the other hand, argued that the proposed agreement provided fair and reasonable terms for both parties.

The central legal issues that the Commission was required to decide were whether the proposed agreement provided fair and reasonable terms for the employees, and whether the agreement met the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement provided adequate protections for employees, including adequate wage increases, and whether it met the requirements for good faith bargaining and other provisions of the Act.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant legal framework. The Commission found that the proposed agreement provided fair and reasonable terms for the employees and met the requirements of the Act. The Commission noted that the agreement provided for a significant increase in wages and improved working conditions for employees. The Commission also found that the applicant had engaged in good faith bargaining and had met its obligations under the Act. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the Boral Asphalt Queensland Maintenance Enterprise Agreement 2023, finding that it provided fair and reasonable terms for employees and met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for significant wage increases and improved working conditions for employees. The applicant had engaged in good faith bargaining and met its obligations under the Act. The Commission's decision provides certainty for both the applicant and the employees and ensures that the agreement is fair and reasonable for all parties.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established