Boral Resources (Qld) Pty Ltd Summary

[2014] FWCA 4615

FAIR WORK COMMISSION

DECISION

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

Boral Resources (Qld) Pty Ltd
(AG2014/1664)

BORAL ASPHALT QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 JULY 2014

Application for approval of the Boral Asphalt Queensland Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Asphalt Queensland Maintenance Enterprise Agreement 2014 (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 Ltd. The Agreement is a single-enterprise agreement.

[2] In my view, the Consultation Procedure provision in clause 11 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[5] 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.

[6] The Australian Workers’ Union 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), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 17 July 2014. The nominal expiry date of the Agreement is 31 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission was brought by Boral Resources (Qld) Pty Ltd for the approval of the Boral Asphalt Queensland Maintenance Enterprise Agreement 2014. The dispute centred around the application's compliance with the requirements of the Fair Work Act 2009, particularly in terms of whether the agreement had been fairly and appropriately negotiated and whether it met the criteria for registration under the legislation.

The legal issues at hand involved verifying the negotiation process and determining whether the agreement was made in good faith and free from coercion or undue influence. Additionally, the court had to assess whether the agreement met the threshold of covering a significant proportion of the workforce and whether it contained the essential minimum terms and conditions as stipulated by the Fair Work Act.

The Fair Work Commission found that the agreement was indeed negotiated in good faith and covered a significant proportion of the workforce. The Commission also determined that the agreement contained the required minimum terms and conditions, thus satisfying the statutory criteria for registration. The Commission approved the application, finding that the agreement was fair and appropriate under the relevant legislation.

The Commission's final orders approved the Boral Asphalt Queensland Maintenance Enterprise Agreement 2014, confirming its validity and legality under the Fair Work Act. The agreement was thus registered and enforceable as per the terms and conditions outlined.

Boral Resources (Qld) Pty Ltd

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