DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Qld) Pty Ltd T/A Boral Asphalt Queensland
(AG2021/6549)

BORAL ASPHALT QUEENSLAND ENTERPRISE AGREEMENT 2021

Asphalt industry
COMMISSIONER WILSON	MELBOURNE, 26 AUGUST 2021

Application for approval of the Boral Asphalt Queensland Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Boral Asphalt Queensland Enterprise Agreement 2021 (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 T/A Boral Asphalt Queensland. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2021. The nominal expiry date of the Agreement is 26 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (Qld) Pty Ltd T/A Boral Asphalt Queensland sought approval of the Boral Asphalt Queensland Enterprise Agreement 2021. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically the proposed classification of employees and their corresponding pay rates. The employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment, including whether it met the "better off overall test" under section 234 of the Fair Work Act 2009. The Commission also needed to consider whether the agreement contained terms that were contrary to public policy or contravened any other provisions of the Fair Work Act 2009. The Commission considered the evidence provided by both parties, including submissions on the economic and operational context of the agreement, the bargaining process, and the terms and conditions proposed in the agreement.

After considering the evidence and submissions, the Commission determined that the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including meeting the better off overall test. The Commission also found that the agreement did not contain any terms that were contrary to public policy or contravened any other provisions of the Fair Work Act 2009. The Commission approved the Boral Asphalt Queensland Enterprise Agreement 2021, which will now apply to the employees of Boral Asphalt Queensland.

Boral Resources (Qld) Pty Ltd T/A Boral Asphalt Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established