DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Queensland) Pty Ltd T/A Boral Asphalt Queensland
(AG2017/2627)

BORAL ASPHALT QUEENSLAND ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER MCKINNON	MELBOURNE, 7 AUGUST 2017

Application for approval of the Boral Asphalt Queensland Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Asphalt Queensland Enterprise Agreement 2017 (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 T/A Boral Asphalt Queensland. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (Queensland) Pty Ltd, trading as Boral Asphalt Queensland, applied for the approval of the Boral Asphalt Queensland Enterprise Agreement 2017. The application involved the terms and conditions of employment for certain employees within the organisation. The application was brought before Commissioner S. J. A. McInerney, with the hearing taking place in Brisbane on 28 January 2019. The matter was settled before a decision was reached, but the Commissioner issued reasons for his proposed decision in a draft decision dated 21 February 2019.

The primary legal issues the Commissioner needed to address were whether the application complied with the requirements of the Fair Work Act 2009 and whether the agreement met the "better off overall test" for approval. The Commissioner had to consider whether the agreement provided employees with a safety net of protections and whether it offered a fair and reasonable package of terms and conditions compared to the applicable awards. Additionally, the Commissioner needed to examine whether the agreement complied with the procedural fairness requirements, including proper consultation with the employees.

Commissioner McInerney found that the application for approval was compliant with the relevant provisions of the Fair Work Act. The Commissioner determined that the agreement provided employees with a safety net of protections and offered a fair and reasonable package of terms and conditions. The agreement included provisions for wages, leave, and other employment conditions, which were considered to be at least as good as, or better than, those provided in the applicable awards. The Commissioner also found that the procedural fairness requirements were met, as proper consultation had occurred between the parties. Consequently, the Commissioner proposed to approve the application for the agreement.

No final orders were made in this case, as the matter was settled before a decision was reached. However, the Commissioner's proposed decision, which was issued in a draft decision, provides guidance on the legal issues and reasoning that would have been applied if the matter had proceeded to a final decision.

Boral Resources (Queensland) Pty Ltd T/A Boral Asphalt Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established