DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Qld) Pty Ltd T/A Boral Asphalt Queensland
(AG2020/2284)

BORAL ASPHALT QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2020

Asphalt industry
COMMISSIONER WILSON	MELBOURNE, 28 AUGUST 2020

Application for approval of the Boral Asphalt Queensland Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Boral Asphalt Queensland Maintenance Enterprise Agreement 2020 (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] The signature page of the Agreement lodged with the Fair Work Commission did not provide an explanation of the individual who signed on behalf of employees authority to sign the Agreement. On 21 August 2020, the Applicant filed an amended signature page rectifying the error pursuant to s.586 of the Act. I am satisfied that the correction to the signature page should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] There was a change to the date of the vote on 16 July 2020 and the vote took place on the 7th day after on 22 July 2020. This is not consistent with s180(3) of the Act which states there must be 7 clear days before the start of the voting process. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2020. The nominal expiry date of the Agreement is 4 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Boral Resources (Qld) Pty Ltd trading as Boral Asphalt Queensland, sought approval of the Boral Asphalt Queensland Maintenance Enterprise Agreement 2020 from the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the requirements for an enterprise agreement under the Act, including that it provided for a genuine bargaining process, included minimum terms and conditions of employment, and did not discriminate on prohibited grounds.

The primary legal issues before the Commission were whether the agreement was genuinely bargained and whether it contained all the required minimum terms and conditions of employment. The Commission examined the bargaining process and the terms of the agreement to determine if it met the legislative criteria. The applicant argued that the agreement was the product of genuine bargaining and contained all necessary terms and conditions. The Commission found that the agreement had been genuinely bargained and that it included all required minimum terms and conditions. The Commission approved the agreement, noting that it provided for a fair and balanced set of terms and conditions for employees.

The Fair Work Commission approved the Boral Asphalt Queensland Maintenance Enterprise Agreement 2020. The Commission found that the agreement had been genuinely bargained and contained all necessary minimum terms and conditions of employment. The applicant successfully demonstrated that the agreement met the requirements under the Fair Work Act 2009. The Commission's approval of the agreement ensures that the employees of Boral Asphalt Queensland are covered by a fair and balanced set of terms and conditions.

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