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

[2024] FWCA 2506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Qld) Pty Limited T/A Boral

(AG2024/2397)

BORAL QUARRIES SEQ ENTERPRISE AGREEMENT 2023

Quarrying industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 5 JULY 2024

Application for approval of the Boral Quarries SEQ Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Boral Quarries SEQ Enterprise Agreement 2023 (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 (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 November 2023 and the Agreement was made on 21 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Workers' Union (the AWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers' Union (the 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, in accordance with s.54 of the Act, will operate from 12 July 2024. The nominal expiry date of the Agreement is 5 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Resources (Qld) Pty Limited trading as Boral, the Fair Work Commission heard an application for the approval of the Boral Quarries SEQ Enterprise Agreement 2023. The dispute arose between the company, represented by its legal team, and the unions representing the employees. The Commission was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the terms and conditions of employment that were fair and reasonable, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission had to ensure that the agreement covered all necessary aspects, including minimum wage rates, classification, hours of work, and other conditions of employment. Additionally, the Commission needed to ascertain whether proper consultation processes had been followed in the negotiation and drafting of the agreement.

Upon reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement was fair and reasonable. It was comprehensive, covering all necessary terms and conditions of employment, and met the statutory requirements for approval. The Commission also determined that the necessary consultation processes had been followed, and that the agreement was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the Boral Quarries SEQ Enterprise Agreement 2023.

The Fair Work Commission approved the Boral Quarries SEQ Enterprise Agreement 2023, effective from the date of the decision. This decision concluded the application process, and the agreement is now legally binding on the parties involved.

Boral Resources (Qld) Pty Limited T/A Boral

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established