DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Australia
(AG2017/2484)

BORAL LOGISTICS (COUNTRY QLD) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 7 AUGUST 2017

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

[1] On 27 June 2017 Boral Resources (QLD) Pty Limited T/A Boral Australia (Applicant) made an application for approval of the Boral Logistics (Country QLD) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Transport Workers’ Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 August 2017. The nominal expiry date of the Agreement is 13 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (QLD) Pty Limited T/A Boral Australia applied for approval of the Boral Logistics (Country QLD) Enterprise Agreement 2017. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the proposed terms of the enterprise agreement, particularly those concerning the classification and remuneration of employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for modern awards to be incorporated by reference and whether it contained the necessary provisions for minimum wages and entitlements. Additionally, the Commission had to consider if the agreement was made in good faith and whether it complied with the procedural requirements set out in the Act. The CFMEU argued that certain terms of the agreement did not meet the statutory standards, while Boral Australia maintained that the agreement was fair and met all necessary requirements.

The Commission found that the proposed agreement did indeed incorporate the relevant modern awards by reference, and it contained the requisite provisions for minimum wages and entitlements. The Commission also concluded that the agreement was made in good faith and satisfied the procedural requirements. The Commission approved the agreement, emphasising the importance of the parties reaching an agreement that balanced the interests of both employers and employees. The approval was granted on the condition that the agreement be implemented as negotiated.

The final orders of the Commission were that the Boral Logistics (Country QLD) Enterprise Agreement 2017 be approved and registered. The agreement was to be binding on all employees covered by the agreement, and it was to come into effect from the date of registration. This decision ensured that the terms of the enterprise agreement would be legally enforceable, providing a framework for the employment conditions of the employees within the specified scope.

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