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

[2023] FWCA 238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/5431)

BORAL QUARRIES (COUNTRY QLD) ENTERPRISE AGREEMENT 2021

Quarrying industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 23 JANUARY 2023

Application for approval of the Boral Quarries (Country QLD) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Boral Quarries (Country Qld) Enterprise Agreement 2021 (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 QLD Quarries (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

· Clause 14.4(b) – Withholding of NES entitlements.

However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 February 2025.

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 Qld Quarries, and the Fair Work Commission. The company sought approval of the Boral Quarries (Country QLD) Enterprise Agreement 2021, which was negotiated between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement aimed to regulate employment terms and conditions for workers within the company's operations in Queensland. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, including whether the agreement was genuinely negotiated, and whether it met the minimum standards for employee entitlements. The Commission had to consider whether the process of negotiation was fair and whether the agreement contained provisions that were not less favourable than the applicable industrial instrument or the national minimum safety net of entitlements. Additionally, the Commission assessed whether the agreement adequately addressed the needs of employees and whether it was in the best interests of the parties involved.

The Fair Work Commission found that the Boral Quarries (Country QLD) Enterprise Agreement 2021 was genuinely negotiated and met the statutory requirements for approval. The Commission acknowledged the efforts of both parties in reaching an agreement that was fair and balanced. The agreement contained provisions that were not less favourable than the minimum safety net, and it included terms that addressed the specific needs of the employees. The Commission was satisfied that the agreement was in the best interests of both the employer and the employees, and it approved the agreement under the Fair Work Act.

The Commission's decision was that the Boral Quarries (Country QLD) Enterprise Agreement 2021 was approved and would come into effect from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision was made in accordance with the statutory provisions of the Fair Work Act, ensuring that the agreement met all necessary criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established