Boral Resources (Qld) Pty Limited Trading AS Boral Asphalt Queensland

[2025] FWCA 3545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Qld) Pty Limited Trading AS Boral Asphalt Queensland

(AG2025/3394)

BORAL ASPHALT QUEENSLAND ENTERPRISE AGREEMENT 2024

Asphalt industry
COMMISSIONER HUNT	BRISBANE, 22 OCTOBER 2025

Application for approval of the Boral Asphalt Queensland Enterprise Agreement 2024

Boral Resources (Qld) Pty Limited Trading AS Boral Asphalt Queensland (the Employer) has applied for approval of an enterprise agreement known as the Boral Asphalt Queensland Enterprise Agreement 2024 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (AWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU did not raise concerns, and no other views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2025. The nominal expiry date of the Agreement is 22 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter in question involves Boral Resources (Qld) Pty Limited, trading as Boral Asphalt Queensland, which sought approval for the Boral Asphalt Queensland Enterprise Agreement 2024. The application was heard before the Fair Work Commission. The central issue at hand was whether the proposed enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess if the agreement was fair and if it complied with procedural requirements such as notice and consultation provisions.

The Fair Work Commission evaluated the application by examining the terms and conditions proposed in the enterprise agreement. The court considered the fairness of the agreement, focusing on the balance of rights and obligations, and ensuring that it provided for a minimum set of rights that would be applicable to the employees covered by the agreement. Furthermore, the Commission verified that the necessary procedural steps, such as the provision of relevant documents to the employees and their representatives, were appropriately followed. The Commission determined that the agreement did indeed meet the statutory requirements for approval.

Upon thorough examination, the Fair Work Commission concluded that the proposed enterprise agreement was fair and just, and that it complied with all necessary procedural obligations. Consequently, the Commission approved the Boral Asphalt Queensland Enterprise Agreement 2024. This decision was grounded in the comprehensive assessment of the agreement's terms and the adherence to the legal requirements set forth in the Fair Work Act 2009. The Commission's approval was formally documented and communicated to the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established