Boral Resources (Qld) Pty Ltd Summary

[2014] FWCA 4275

FAIR WORK COMMISSION

DECISION

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

Boral Resources (Qld) Pty Ltd
(AG2014/1454)

BORAL COUNTRY CONCRETE QUEENSLAND BATCHER’S ENTERPRISE AGREEMENT 2014

Cement and concrete products
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 JUNE 2014

Application for approval of the Boral Country Concrete Queensland Batcher’s Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Country Concrete Queensland Batcher’s 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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 July 2014. The nominal expiry date of the Agreement is 1 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Boral Resources (Qld) Pty Ltd, the Fair Work Commission was tasked with assessing the application for approval of the Boral Country Concrete Queensland Batcher’s Enterprise Agreement 2014. This agreement was proposed between Boral Resources (Qld) Pty Ltd and the Queensland Constructions, Quarrying and Mining Employees’ Union. The union, representing the employees in the batcher's division, sought to establish terms and conditions for its members employed by Boral Resources.

The central legal issues before the Commission involved whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the procedural fairness and substantive fairness requirements. Procedural fairness focused on whether the necessary consultation processes were followed, while substantive fairness examined if the agreement contained the appropriate minimum terms and conditions as mandated by the Act.

In examining these issues, the Commission considered evidence from both parties, including documentation of the consultation processes and the contents of the proposed agreement. The Commission noted that the consultation process appeared to be thorough, with multiple meetings and written submissions provided by both parties. As for the substantive fairness, the Commission found that the proposed agreement included all the prescribed minimum terms and conditions. The agreement also contained provisions that went beyond the minimum requirements, offering additional benefits to the employees.

Consequently, the Commission approved the Boral Country Concrete Queensland Batcher’s Enterprise Agreement 2014, finding it to be fair and compliant with the necessary legislative requirements. This decision was based on the satisfactory evidence of procedural fairness in the consultation process and the comprehensive nature of the agreement in meeting and exceeding the statutory minimum terms and conditions.

Boral Resources (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established