Boral Resources (Qld) Pty Ltd

[2014] FWCA 2314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Qld) Pty Ltd
(AG2014/579)

BORAL RESOURCES (QLD) LNG CURTIS ISLAND PROJECT ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 7 APRIL 2014

Application for approval of the Boral Resources (QLD) LNG Curtis Island Project Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Resources (QLD) LNG Curtis Island Project Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 14 April 2014. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Qld) Pty Ltd was the subject of an application before the Fair Work Commission for approval of the Boral Resources (QLD) LNG Curtis Island Project Enterprise Agreement 2014. The dispute involved the terms of the proposed agreement between the company and its employees, specifically focusing on whether the agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Act, including whether it provided for the fair and reasonable terms of employment for the employees covered by the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009. This involved assessing the agreement against various statutory criteria, including whether it provided for minimum wages and conditions, whether it was free from coercive conduct, and whether it facilitated genuine collective bargaining. The Commission had to examine the specific terms of the agreement and consider submissions from both the employer and the employees' representatives to determine whether the agreement was fair and reasonable.

The Fair Work Commission found that the proposed enterprise agreement did not meet the statutory criteria for approval. The Commission determined that certain provisions of the agreement were not sufficiently clear and did not adequately address the minimum terms and conditions of employment. Additionally, the Commission found that the agreement did not appropriately facilitate genuine collective bargaining as required by the Act. As a result, the Commission did not approve the agreement. The Commission provided detailed reasons for its decision, highlighting the deficiencies in the agreement and the need for amendments to meet the statutory requirements.

The final orders of the Fair Work Commission were that the Boral Resources (QLD) LNG Curtis Island Project Enterprise Agreement 2014 was not approved. The Commission mandated that the agreement be amended to address the identified deficiencies and resubmitted for approval. The Commission outlined specific areas where changes were necessary to ensure compliance with the Fair Work Act 2009, providing a clear pathway for the parties to revise the agreement and seek future approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established