DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Quarries
(AG2016/4093)

BORAL QUARRIES SEQ ENTERPRISE AGREEMENT 2016

Quarrying industry
DEPUTY PRESIDENT ASBURY	SYDNEY, 6 SEPTEMBER 2016

Application for approval of the Boral Quarries SEQ Enterprise Agreement 2016.

[1] Boral Resources (QLD) Pty Limited T/A Boral Quarries applies for approval of an enterprise agreement known as the Boral Quarries SEQ Enterprise Agreement 2016 (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 Australian Workers’ Union 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] On 2 September 2016 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Boral Resources (QLD) Pty Limited, trading as Boral Quarries, and the Australian Building and Construction Commission. The nature of the dispute was the application for approval of the Boral Quarries SEQ Enterprise Agreement 2016, which was filed in the Fair Work Commission. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the Boral Quarries SEQ Enterprise Agreement 2016 complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained all the prescribed minimum terms and conditions as required by section 232 of the Act. The Commission also needed to ensure that the agreement had been made in good faith and whether it provided for the proper operation of the enterprise.

In its decision, the Fair Work Commission found that the Boral Quarries SEQ Enterprise Agreement 2016 complied with the requirements of the Fair Work Act 2009. The Commission determined that the agreement contained all the prescribed minimum terms and conditions and had been made in good faith. The Commission further found that the agreement provided for the proper operation of the enterprise and did not contain any terms that were contrary to public policy. As a result, the Commission approved the agreement and registered it under the Act.

The Fair Work Commission approved the Boral Quarries SEQ Enterprise Agreement 2016 and registered it under the Fair Work Act 2009. This decision was based on the Commission's determination that the agreement complied with all the relevant requirements of the Act and provided for the proper operation of the enterprise.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established