DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2018/2026)

BORAL SA CONCRETE ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Boral SA Concrete Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Concrete Enterprise Agreement 2018 (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] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 4 September 2018 and, in accordance with s.54, will operate from 11 September 2018. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (SA) Limited, trading as Boral Construction Materials, applied for approval of the Boral SA Concrete Enterprise Agreement 2018. The application arose from negotiations between Boral and the Construction, Forestry, Maritime, Mining and Energy Union, which had reached an impasse. The dispute centred on the terms of the proposed enterprise agreement, particularly those concerning wages, conditions, and the duration of the agreement.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission needed to determine if the agreement was "better off overall" for the employees and whether it adhered to the principles of genuine bargaining and fairness.

The Commission examined the evidence provided by both parties, including submissions on the economic impact of the proposed agreement, the bargaining processes, and the overall benefits to the employees. The Commission found that the agreement provided reasonable terms and conditions for the employees, including wage increases and improved conditions. It was also determined that the agreement was the product of genuine bargaining efforts and was in the best interests of the employees. Consequently, the Commission approved the Boral SA Concrete Enterprise Agreement 2018.

The Fair Work Commission approved the Boral SA Concrete Enterprise Agreement 2018, effective from the date of the decision. The approval was based on the findings that the agreement was genuinely bargained, met the requirements of the Fair Work Act, and was in the best interests of the employees.

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