Boral Resources (Qld) Pty Ltd

[2020] FWCA 5661

[2020] FWCA 5661

FAIR WORK COMMISSION

DECISION

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

Boral Resources (Qld) Pty Ltd
(AG2020/2908)

BORAL QUARRIES SEQ ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 23 OCTOBER 2020

Application for approval of the Boral Quarries SEQ Enterprise Agreement 2020.

[1] Boral Resources (Qld) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Boral Quarries SEQ Enterprise Agreement 2020 (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 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 Australia Workers’ Union (the AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU wrote to my chambers advising that it did not wish to make comment in relation to the undertakings and that it supports me determining the matter based on the material that is before the Commission.

[3] 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.

[4] 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.

[5] The AWU being a bargaining representative for the Agreement has given 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 that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2020. The nominal expiry date of the Agreement is stated in clause 6 of the Agreement to be 3 years from commencement of the Agreement.

COMMISSIONER

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Annexure A: