Boral Resources (Qld) Pty Ltd

[2013] FWCA 5502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Qld) Pty Ltd
(AG2013/1880)

BORAL CONCRETE SEQ BATCHERS ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 9 AUGUST 2013

Application for approval of the Boral Concrete SEQ Batchers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete SEQ Batchers Enterprise Agreement 2013 (the Agreement). The application was made by the Boral Resources (QLD) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission received from the parties an amended copy of the agreement, due to an administrative error in relation to the name of the Union. I have agreed to vary the agreement to include the correct name of the Union.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 16 August 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Resources (Qld) Pty Ltd, the Fair Work Commission was called upon to consider the application for approval of the Boral Concrete SEQ Batchers Enterprise Agreement 2013. The applicant, Boral Resources (Qld) Pty Ltd, sought the commission's endorsement of this agreement, which represented a proposed set of terms and conditions for employees within its workforce. The nature of the dispute involved the negotiation process, the fairness of the agreement's terms, and whether the agreement met the necessary legal standards for approval under the Fair Work Act.

The legal issues before the commission included the procedural fairness of the bargaining process, the extent to which the agreement met the requirements for being a "better off overall and in the round" (BOOT) agreement, and whether the agreement contained all mandated terms as required by the Fair Work Act. The commission was required to ensure that the agreement provided fair and reasonable terms for employees, reflected a genuine attempt at conciliation and agreement between the parties, and did not unfairly disadvantage any party involved.

In its reasoning, the commission examined the evidence presented regarding the negotiation process and the terms of the agreement. It was satisfied that the negotiation process was conducted in good faith and that the agreement represented a genuine attempt to reach a resolution between the parties. The commission found that the proposed agreement was fair and reasonable, meeting the "better off overall and in the round" threshold. Additionally, it determined that all mandated terms were included in the agreement, and there was no evidence of unfair disadvantage to any party. Based on these findings, the commission approved the application for the agreement.

The final orders of the commission included the approval of the Boral Concrete SEQ Batchers Enterprise Agreement 2013, subject to the terms and conditions set out in the agreement. This decision affirmed the validity of the agreement and provided certainty to both the employer and employees regarding the terms of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established