DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Qld) Pty Limited T/A Boral Australia
(AG2017/5116)

BORAL QUARRIES (COUNTRY QLD) ENTERPRISE AGREEMENT 2017

Quarrying industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 NOVEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Boral Quarries (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 Australia. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2017. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Boral Resources (Qld) Pty Limited, trading as Boral Australia, which applied for approval of the Boral Quarries (Country QLD) Enterprise Agreement 2017. The application was brought before the Fair Work Commission, and the matter was decided by Commissioner Gilmore. The dispute arose from the need to ensure that the proposed enterprise agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement fulfilled the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must be in the best interests of the employees and must provide for a procedure for the resolution of disputes. The court also had to consider if the agreement complied with the good faith bargaining provisions outlined in section 228 of the Act.

Commissioner Gilmore concluded that the agreement met the statutory criteria for approval. The agreement was found to be in the best interests of the employees, as it provided for fair terms and conditions of employment, including provisions for wage increases, leave entitlements, and occupational health and safety measures. Furthermore, the agreement included a dispute resolution procedure that was considered adequate and fair. The commissioner also determined that the agreement was the product of good faith bargaining, as it was negotiated between the employer and the employees' representatives. Consequently, the application for approval was successful.

The Fair Work Commission approved the Boral Quarries (Country QLD) Enterprise Agreement 2017, ensuring its legal validity and enforceability. The agreement now serves as a binding contract between Boral Resources (Qld) Pty Limited and its employees, setting out the terms and conditions of employment for the relevant workforce.

Boral Resources (Qld) Pty Limited T/A Boral Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established