Boral Resources (QLD) Pty Limited T/A Boral Logistics

[2014] FWCA 3004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Logistics
(AG2014/945)

BORAL LOGISTICS COUNTRY ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 7 MAY 2014

Application for approval of the Boral Logistics Country Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Logistics Country Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (QLD) Pty Limited T/A Boral Logistics. The agreement is a single-enterprise agreement.

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2014. The nominal expiry date of the Agreement is 13 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (QLD) Pty Limited, trading as Boral Logistics, applied for the approval of the Boral Logistics Country Enterprise Agreement 2014. The dispute involved whether the agreement was appropriate for the employees covered by it and if it complied with the requirements of the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement met the criteria for registration under the Act, including the provisions regarding employee representation, coverage, and the terms and conditions of employment. Additionally, the Commission had to determine if the agreement contained provisions that were contrary to the public interest or not genuinely agreed upon by the parties.

The Fair Work Commission found that the agreement was appropriate for registration. The Commission concluded that the agreement was genuinely agreed upon and met the criteria for registration under the Act. The Commission also determined that the agreement contained appropriate provisions for employee representation and did not include any terms that were contrary to the public interest. The Commission approved the agreement, finding it to be fair and reasonable in all its terms.

No further orders were made by the Commission. The decision was made on 29 September 2015, and the agreement was approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established