Boral Resources (Qld) Pty Ltd

[2013] FWCA 10158

FAIR WORK COMMISSION

DECISION

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

Boral Resources (Qld) Pty Ltd
(AG2013/10180)

BORAL QUARRIES SEQ ENTERPRISE AGREEMENT 2013

Quarrying industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 DECEMBER 2013

Application for approval of the Boral Quarries SEQ Enterprise Agreement 2013.

[1] Boral Resources (Qld) Pty Ltd applies for approval of an enterprise agreement known as the Boral Quarries SEQ Enterprise Agreement 2013 (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] 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 the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 20 December 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 December 2013. The nominal expiry date of the Agreement is 23 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Qld) Pty Ltd sought approval for the Boral Quarries SEQ Enterprise Agreement 2013 from the Fair Work Commission. The agreement aimed to regulate employment terms and conditions for employees within the specified enterprise. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly concerning the process of its negotiation and the fairness of its terms. The Fair Work Commission was tasked with determining if the agreement was appropriately negotiated and if it contained provisions that were fair and reasonable.

The primary legal issues the court needed to address were whether the agreement was genuinely negotiated and if it contained provisions that were fair and reasonable. The negotiation process was scrutinised to ensure it complied with the procedural requirements set forth in the Fair Work Act. Additionally, the court evaluated whether the terms of the agreement were fair and reasonable, taking into account the economic and social context of the enterprise and its workforce. The court considered submissions from both parties and any relevant evidence provided.

The Fair Work Commission found that the agreement was genuinely negotiated in accordance with the Fair Work Act. The negotiation process was deemed to have been transparent and inclusive, involving adequate representation from both employers and employees. The court also concluded that the terms of the agreement were fair and reasonable, considering the economic conditions and the needs of the workforce. Based on these findings, the court approved the agreement, recognising it as a valid and enforceable enterprise agreement under the Act. The decision ensures that the terms of employment for the employees are regulated by the provisions of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established