DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Ltd
(AG2015/3531)

BORAL CONCRETE SEQ AGITATOR DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 24 AUGUST 2015

Application for approval of the Boral Concrete SEQ Agitator Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete SEQ Agitator Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (QLD) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Resources (QLD) Pty Ltd, the Fair Work Commission was called upon to approve the Boral Concrete SEQ Agitator Drivers Enterprise Agreement 2015. The applicant, Boral Resources, sought to implement this agreement which pertained to the terms and conditions of employment for agitator drivers employed in south-east Queensland. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it facilitated, promoted or improved the resolution of enterprise issues in the workplace.

The primary legal issue before the Commission was whether the agreement complied with the formal requirements for approval as outlined in the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it contained certain prescribed terms. The Commission also had to determine if the agreement had been fairly and properly negotiated, and whether it provided for the protection of employees' interests. Furthermore, the Commission examined whether the agreement would lead to improved industrial relations outcomes, including better workplace productivity and harmonious workplace relations.

The Fair Work Commission found that the agreement was made in good faith and contained all the prescribed terms. The Commission was satisfied that the agreement had been fairly and properly negotiated, and that it provided for the protection of employees' interests. It was determined that the agreement would lead to improved industrial relations outcomes, including better workplace productivity and harmonious workplace relations. The Commission concluded that the agreement would facilitate, promote or improve the resolution of enterprise issues in the workplace. Based on these findings, the Commission approved the Boral Concrete SEQ Agitator Drivers Enterprise Agreement 2015.

Boral Resources (QLD) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established