DECISION

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

Boral Resources (Qld) Pty Ltd
(AG2020/2908)

BORAL QUARRIES SEQ ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 23 OCTOBER 2020

Application for approval of the Boral Quarries SEQ Enterprise Agreement 2020.

[1] Boral Resources (Qld) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Boral Quarries SEQ Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australia Workers’ Union (the AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU wrote to my chambers advising that it did not wish to make comment in relation to the undertakings and that it supports me determining the matter based on the material that is before the Commission.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU 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) of the Act I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2020. The nominal expiry date of the Agreement is stated in clause 6 of the Agreement to be 3 years from commencement of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In this case, Boral Resources (Qld) Pty Ltd applied to the Fair Work Commission for approval of the Boral Quarries SEQ Enterprise Agreement 2020. The applicants sought to have the agreement registered under the Fair Work Act 2009, which requires the agreement to be approved by the Commission if it is to have effect. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which represents some of the employees affected by the agreement. The matter was heard by Commissioner D.J. Richards.

The key legal issue before the Commission was whether the agreement was in the best interests of the employees it covered, as required by section 235 of the Fair Work Act. The Union argued that the agreement did not adequately protect employees’ entitlements and did not provide for adequate consultation and communication between the employer and employees. The applicants submitted that the agreement provided fair and reasonable terms for employees and represented a genuine bargain between the parties.

After considering the submissions and evidence from both parties, the Commission found that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave provisions, and better access to training and development opportunities. The Commission also found that the agreement provided for effective mechanisms for consultation and communication between the employer and employees, and that the applicants had made a genuine effort to reach an agreement with the Union. Accordingly, the Commission approved the agreement and made an order registering it under the Fair Work Act.

Boral Resources (Qld) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established