DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Australia
(AG2017/1802)

BORAL LOGISTICS METRO ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 JUNE 2017

Application for approval of the Boral Logistics Metro Enterprise Agreement 2017.

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

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 27 June 2017. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Boral Resources (QLD) Pty Limited, trading as Boral Australia, which sought approval for the Boral Logistics Metro Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary dispute centred around whether the proposed agreement met the necessary standards for approval under the Act, particularly in relation to the procedural fairness in the bargaining process and the agreement's compliance with the "better off overall test."

The court was required to determine whether the agreement had been fairly negotiated and if it provided employees with a safety net that was at least equivalent to the existing industrial instrument. Additionally, the court had to assess if the agreement met the procedural requirements for approval, including the proper notice and opportunity for objection and review.

In its reasoning, the Fair Work Commission found that the agreement was fairly negotiated and met the "better off overall test." The Commission noted the robust process followed in reaching the agreement, including extensive consultation and consideration of employee feedback. The Commission concluded that the agreement provided a fair and reasonable safety net for employees, aligning with the legislative objectives. Consequently, the application for approval was successful.

The Fair Work Commission approved the Boral Logistics Metro Enterprise Agreement 2017, recognising its compliance with the necessary legal standards. The decision underscores the importance of procedural fairness in enterprise bargaining and the need for agreements to offer genuine benefits to employees. This ruling reinforces the framework for approving enterprise agreements under the Fair Work Act.

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