DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2017/1987)

BORAL SA ASSET TEAM ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 JUNE 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Boral 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 T/A Boral Construction Materials. 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. 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 Agreement was approved on 22 June 2017 and, in accordance with s.54, will operate from 29 June 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Boral Resources (SA) Limited, trading as Boral Construction Materials, was the subject of an application to the Fair Work Commission for approval of the Boral SA Asset Team Enterprise Agreement. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically concerning the terms and conditions of employment for the employees within the asset team. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issue before the Commission was whether the enterprise agreement adequately addressed all the mandated terms and conditions under section 235 of the Fair Work Act. This involved assessing if the agreement provided for minimum rates of pay, allowances, classifications, penalties, and other employment conditions, as well as ensuring it did not include any prohibited content. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was certified by the relevant independent body.

In its decision, the Fair Work Commission examined the specific provisions of the Boral SA Asset Team Enterprise Agreement and determined that it satisfied all the legal requirements. The Commission found that the agreement contained all the necessary terms and conditions, including minimum rates of pay and other employment details. Furthermore, the Commission was satisfied that the agreement was made in good faith and had been certified by an independent body. Consequently, the Fair Work Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission's approval of the Boral SA Asset Team Enterprise Agreement marks the resolution of the dispute. The Commission's decision was based on a thorough analysis of the agreement's content and its compliance with the relevant legislative provisions. The approval now allows the agreement to be enforced, providing a framework for the employment terms and conditions of the employees within the asset team.

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