DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Concrete SEQ
(AG2016/5790)

BORAL CONCRETE SEQ BATCHERS ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Boral Concrete SEQ Batchers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete SEQ Batchers 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 Ltd T/As Boral Concrete SEQ. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

Boral Resources (QLD) Pty Limited T/A Boral Concrete SEQ applied to the Fair Work Commission for approval of the Boral Concrete SEQ Batchers Enterprise Agreement 2016. The application was made by the company on 11 November 2016. The employees concerned were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The employees covered by the agreement were batcher drivers employed by the company in the concrete manufacturing industry. The agreement sought to establish a new structure for batcher drivers, replacing the existing classification of Batcher Driver with two new classifications: Batcher Driver and Batcher Operator.

The legal issues the court was required to decide related to whether the agreement was in the interests of the employees, whether it complied with the relevant legislative requirements, and whether it met the standards of procedural fairness. The company argued that the changes were necessary to improve operational efficiency and that the new classifications better reflected the roles and responsibilities of the employees. The union argued that the changes would result in a reduction in pay and conditions for the employees and that the process by which the agreement was reached was unfair.

The court found that the agreement was in the interests of the employees, as it provided for a structured career path and the potential for increased pay and benefits over time. The court also found that the agreement complied with the relevant legislative requirements and met the standards of procedural fairness. The court noted that the union had been given ample opportunity to participate in the negotiation process and that the changes proposed in the agreement were not unreasonable. The court approved the agreement, subject to certain minor modifications to address technical issues. The company and the union were directed to take all necessary steps to give effect to the agreement.

Boral Resources (QLD) Pty Limited T/A Boral Concrete SEQ

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established