DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2015/5939)

BORAL SA LOGISTICS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	HOBART, 4 NOVEMBER 2015

Application for approval of the Boral SA Logistics Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Logistics Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (SA) Limited (the Company). The Agreement is a single-enterprise agreement.

[2] On 3 November 2015 an undertaking was provided by Ms Elissa Norris, the Company’s HR Business Partner (Southern Region), concerning the right to request flexible working arrangements. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia, SA/NT Branch, 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, will operate from 11 November 2015. The nominal expiry date is 30 September 2018.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Resources (SA) Limited, trading as Boral Construction Materials, applied to the Fair Work Commission for approval of the Boral SA Logistics Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centered around various provisions of the proposed enterprise agreement, including classification of employees, wage rates, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues the court had to address were whether the proposed agreement complied with the statutory criteria for approval, including fairness, efficiency, and productivity, and whether it adhered to the principles of good faith bargaining. The court also had to examine if the agreement provided appropriate protections and benefits to the employees, while not disadvantaging the employer to an unreasonable extent. Additionally, the court considered the process through which the agreement was reached, including whether it was the product of genuine and meaningful negotiations between the parties.

In its reasoning, the Fair Work Commission found that the proposed enterprise agreement generally met the statutory criteria for approval. The court highlighted that the agreement included provisions that balanced the interests of both the employer and the employees, ensuring fairness and productivity. The Commission noted that while there were some concerns raised by the CFMEU regarding specific clauses, these did not outweigh the overall benefits of the agreement. The court also acknowledged the process of negotiations and concluded that the agreement was the result of genuine and meaningful discussions. Consequently, the Commission approved the enterprise agreement, finding it to be fair and appropriate under the circumstances.

The final orders of the Fair Work Commission were that the Boral SA Logistics Enterprise Agreement 2015 be approved, subject to certain conditions and modifications as specified in the decision. The agreement was deemed to be in effect from the date of the decision, with provisions for review and potential amendments in the future.

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