DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2018/3141)

BORAL SA QUARRY ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER JOHNS	MELBOURNE, 9 AUGUST 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Quarry 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. 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 matter of Boral Resources (SA) Limited T/A Boral Construction Materials, the Fair Work Commission was tasked with considering the application for the approval of the Boral SA Quarry Enterprise Agreement 2018. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement between Boral Resources and its employees. The Fair Work Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission involved assessing whether the agreement complied with the procedural and substantive fairness requirements. Procedurally, the Commission examined whether proper consultation processes had been followed and if the agreement had been negotiated in good faith. Substantively, the focus was on evaluating whether the terms and conditions of the agreement were fair and reasonable, considering the economic and social context of the industry and the interests of both employers and employees.

The Fair Work Commission found that the agreement had been negotiated in good faith and that the consultation processes were adequate. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the broader economic and social factors relevant to the quarry industry. Consequently, the Commission approved the Boral SA Quarry Enterprise Agreement 2018, recognising its compliance with the necessary legal standards. This decision allows the agreement to be implemented, providing a framework for the employment relationship between Boral Resources and its employees within the specified terms.

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