Boral Resources (QLD) Pty Ltd

[2013] FWCA 5580

FAIR WORK COMMISSION

DECISION

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

Boral Resources (QLD) Pty Ltd
(AG2013/2237)

Q-CRETE AGITATOR DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 12 AUGUST 2013

Application for approval of the Q-Crete Agitator Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Q-Crete Agitator Drivers Enterprise Agreement 2013 (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 Transport Workers’ Union of Australia, 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 19 August 2013. The nominal expiry date is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (QLD) Pty Ltd sought approval for the Q-Crete Agitator Drivers Enterprise Agreement 2013. The applicant argued the agreement met the criteria for approval under the Fair Work Act 2009. The dispute arose from the applicant's contention that the agreement was fairly negotiated and met the statutory requirements for approval. The Fair Work Commission was tasked with determining whether the agreement complied with the legislative standards for enterprise agreements, including whether it was made without coercion, had been fairly negotiated, and met the "better off overall test."

The central legal issues for the Commission were whether the agreement was genuinely negotiated and met the statutory criteria for approval. This included assessing whether the agreement was made without coercion and whether it was fairly negotiated. Additionally, the Commission had to determine whether the agreement satisfied the "better off overall test," meaning it must not be detrimental to the employees it covers. The Commission also needed to consider whether any provisions in the agreement that might be seen as unfair or contrary to public policy should be disregarded.

After examining the evidence and submissions, the Commission found that the agreement had been fairly negotiated and met the statutory criteria for approval. The Commission noted that there was no evidence of coercion and that the negotiation process was conducted in good faith. The Commission also determined that the agreement satisfied the "better off overall test," as it provided benefits to the employees that outweighed any detriments. Consequently, the Commission approved the Q-Crete Agitator Drivers Enterprise Agreement 2013. The Commission ordered that the agreement be registered and enforceable as of the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established