DECISION

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

Boral Resources (QLD) Pty Ltd T/A Boral Construction Materials and Cement
(AG2015/1033)

BORAL COUNTRY TESTERS QUEENSLAND ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 9 JUNE 2015

Application for approval of the Boral Country Testers Queensland Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Boral Country Testers Queensland Enterprise Agreement 2015 (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 Limited (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (QLD) Pty Ltd, trading as Boral Construction Materials and Cement, applied for the approval of the Boral Country Testers Queensland Enterprise Agreement 2015. The applicant sought the approval under the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be approved or not.

The central legal issue before the commission was whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009. This required the commission to assess whether the agreement provided for the terms and conditions of employment, whether it was in the interests of the employees, and whether it complied with the requirements of the Fair Work Act. The commission also needed to consider whether the agreement was "better off overall" for the employees and if the agreement had been fairly negotiated.

The commission concluded that the agreement should be approved. The commission found that the agreement contained appropriate terms and conditions of employment, was in the interests of the employees, and complied with the requirements of the Fair Work Act. The commission determined that the agreement was "better off overall" for the employees, taking into account the overall benefits and detriments of the agreement. The commission was satisfied that the agreement had been fairly negotiated, and it met the necessary legal requirements for approval.

The Fair Work Commission approved the Boral Country Testers Queensland Enterprise Agreement 2015, and it became a legally binding enterprise agreement between the applicant and the employees.

Boral Resources (QLD) Pty Ltd T/A Boral Construction Materials and Cement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established