Boral Resources (SA) Limited Summary

[2013] FWCA 3346

FAIR WORK COMMISSION

DECISION

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

Boral Resources (SA) Limited
(AG2013/1235)

BCM SA ASSET TEAM ENTERPRISE AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O’CALLAGHAN	ADELAIDE, 29 MAY 2013

Application for approval of the BCM SA Asset Team Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the BCM SA Asset Team Enterprise Agreement (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 (SA) Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2013. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (SA) Limited applied to the Fair Work Commission for approval of the BCM SA Asset Team Enterprise Agreement. The agreement was between Boral and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute involved the terms and conditions of employment for employees under the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive provisions of the Act. Procedurally, the Commission had to ensure that the agreement was made in good faith and followed the correct process. Substantively, the agreement had to be assessed for compliance with the 'better off overall test', ensuring that employees were not worse off financially than under their previous conditions. Additionally, the Commission considered whether the agreement contained appropriate dispute resolution mechanisms.

The Commission found that the agreement was made in good faith and followed the necessary process. It also met the 'better off overall test', as employees would not be worse off under the new agreement. The agreement included appropriate dispute resolution mechanisms, providing a fair and accessible process for resolving any disputes. Consequently, the Commission approved the BCM SA Asset Team Enterprise Agreement, finding it to be compliant with the requirements of the Act.

The final order was the approval of the BCM SA Asset Team Enterprise Agreement between Boral Resources (SA) Limited and the CFMEU. The agreement was deemed to comply with the procedural and substantive requirements of the Fair Work Act 2009, and thus, was valid and enforceable.

Boral Resources (SA) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established