DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2020/3845)

BORAL SA CONCRETE ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 18 JANUARY 2021

Application for approval of the Boral SA Concrete Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Concrete Enterprise Agreement 2020 (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 T/A Boral Construction Materials. 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2021. The nominal expiry date of the Agreement is 1 November 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boral Resources (SA) Limited trading as Boral Construction Materials, sought approval of the Boral SA Concrete Enterprise Agreement 2020. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), objected to the approval of the agreement on several grounds. The matter was heard in the Fair Work Commission, a tribunal with specific jurisdiction over employment and workplace relations matters in Australia.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, whether it complied with the requirements of the Fair Work Act 2009, and whether it contained terms that were unfair. The Commission needed to determine if the agreement was made in good faith, if it met the statutory criteria for approval, and if any terms were against the public interest or otherwise unjust. The applicant argued that the agreement was the product of genuine negotiations, complied with all relevant legislative requirements, and contained fair terms for both parties. The respondent contended that the process was flawed and that certain terms were unfair and should not be approved.

In assessing the dispute, the Commission examined the process of negotiation and the content of the agreement. The Commission found that the agreement was genuinely negotiated and that all procedural requirements had been met. It concluded that the terms of the agreement were fair and did not contravene any legislative provisions or public interest considerations. The Commission held that the applicant had met the necessary criteria for approval of the enterprise agreement, dismissing the respondent's objections.

The Commission approved the Boral SA Concrete Enterprise Agreement 2020, finding it to be genuinely negotiated and compliant with the relevant statutory requirements. The terms of the agreement were deemed fair and in the best interests of the parties involved. The Commission's decision was based on a thorough examination of the negotiation process and the content of the agreement, leading to the dismissal of the respondent's objections and the approval of the applicant's application.

Boral Resources (SA) Limited T/A Boral Construction Materials

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established