Boral Resources (Qld) Pty Ltd Trading AS Boral

Case [2025] FWCA 2591
[2025] FWCA 2591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Qld) Pty Ltd Trading AS Boral

(AG2025/2495)

BORAL QUARRIES (COUNTRY QLD) ENTERPRISE AGREEMENT 2025

Cement and concrete products

COMMISSIONER DURHAM

BRISBANE, 4 AUGUST 2025

Application for approval of the Boral Quarries (Country QLD) Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the Boral Quarries (Country QLD) Enterprise Agreement 2025 (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 Trading AS Boral (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 February 2028.

COMMISSIONER
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Details
AGLC
Boral Resources (Qld) Pty Ltd Trading AS Boral [2025] FWCA 2591
Case
[2025] FWCA 2591
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (Qld) Pty Ltd, trading as Boral, applied for approval of the Boral Quarries (Country QLD) Enterprise Agreement 2025. The application involved workers employed in the quarrying industry in Queensland. The dispute centred around the terms and conditions of employment, including wages, working hours, leave entitlements, and other workplace rights and obligations.

The primary legal issues that the Commission had to decide were whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a "better off overall test" (BOOT) agreement and if it contained the minimum terms and conditions prescribed by the relevant modern awards. Additionally, the Commission considered if the agreement was made in good faith and without coercion.

The Commission examined the agreement's provisions against the legislative requirements and found that it met the necessary standards. The Commission noted that the agreement included terms that were at least equal to or better than those provided by the relevant awards. It was also satisfied that the agreement was made in good faith and without any evidence of coercion. Consequently, the Commission approved the Boral Quarries (Country QLD) Enterprise Agreement 2025, deeming it to be a lawful and fair agreement for the employees involved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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