Boral Resources (Qld) Pty Ltd Trading AS Boral Summary

[2025] FWCA 2106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Qld) Pty Ltd Trading AS Boral

(AG2025/1720)

BORAL LOGISTICS QUEENSLAND (TIPPERS) ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2025

Application for approval of the Boral Logistics Queensland (Tippers) Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Boral Logistics Queensland (Tippers) Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Qld) Pty Ltd, trading as Boral, applied to the Fair Work Commission for the approval of the Boral Logistics Queensland (Tippers) Enterprise Agreement 2024. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, including that it did not adversely affect employees' job security and that it provided for a good faith bargaining process. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about the impact on job security and the adequacy of the dispute resolution process.

The legal issues before the court were whether the agreement provided for the fair and reasonable terms of employment, including job security, and whether it allowed for good faith bargaining. The court had to consider the provisions of the Fair Work Act and the principles of good faith bargaining, as well as the specific provisions of the agreement itself. The applicants needed to demonstrate that the agreement was in line with these legal standards and did not have an adverse effect on employees' job security.

The court found that the agreement was fair and reasonable, and did not adversely affect employees' job security. The court noted that the agreement included provisions for good faith bargaining and provided for a process to resolve disputes. The court also found that the agreement did not contravene any other provisions of the Fair Work Act. The court concluded that the agreement met the criteria for approval and ordered that it be approved.

The court's final orders included the approval of the Boral Logistics Queensland (Tippers) Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The court's decision provided clarity on the legal standards for enterprise agreements and provided guidance for future applications.

Boral Resources (Qld) Pty Ltd Trading AS Boral

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established