DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty Ltd T/A Boral Construction Materials and Cement
(AG2015/4296)

BORAL CONCRETE SEQ TESTERS ENTERPRISE AGREEMENT 2015

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 AUGUST 2015

Application for approval of the Boral Concrete SEQ Testers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete SEQ Testers 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 Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Boral Resources (QLD) Pty Ltd, trading as Boral Construction Materials and Cement, applied for the approval of the Boral Concrete SEQ Testers Enterprise Agreement 2015. The dispute centred around the proposed terms and conditions of employment for the employees covered by the agreement, specifically those classified as concrete testers in the South East Queensland region. The application was heard and determined by the Fair Work Commission.

The central legal issues before the Commission were whether the proposed enterprise agreement was in compliance with the relevant provisions of the Fair Work Act 2009 and whether it met the statutory requirements for being a "better off overall test" (BOOT) agreement. The Commission had to consider if the agreement provided employees with no less pay and no less conditions overall than those provided by the applicable award or registered agreement. The Commission also needed to ensure that the agreement contained the mandatory terms prescribed by the Fair Work Act.

After reviewing the submissions and evidence provided by the parties, the Fair Work Commission found that the Boral Concrete SEQ Testers Enterprise Agreement 2015 was compliant with the Fair Work Act. The Commission determined that the proposed agreement provided employees with no less pay and no less conditions overall than those provided by the applicable award or registered agreement. The Commission also found that the agreement contained all the mandatory terms prescribed by the Fair Work Act. Consequently, the Commission approved the enterprise agreement under section 232 of the Fair Work Act 2009.

The Fair Work Commission's final order was the approval of the Boral Concrete SEQ Testers Enterprise Agreement 2015, effective from 1 July 2015. The agreement was approved as a "registered agreement" under the Fair Work Act, and the Commission directed that the agreement be registered with the Fair Work Commission. The approval of the enterprise agreement was effective from the date of the decision, and the agreement would apply to the employees covered by its terms.

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