DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2015/5230)

BORAL SA QUARRY ENTERPRISE AGREEMENT 2015

Quarrying industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 28 OCTOBER 2015

[1] An application for approval of an enterprise agreement known as the Boral SA Quarry Enterprise Agreement 2015 (the Agreement) has been made by Boral Resources (SA) Limited T/A Boral Construction Materials (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The consultation term in clause 8.1 of the Agreement does not meet the statutory requirements in s.205(1)(a)(ii) and s.205(1A) of the Act concerning changes to regular rosters or ordinary hours of work. In accordance with s.205(2) of the Act the model consultation term will apply. The model consultation term will be appended to the Agreement as Appendix A and will be taken to be a term of the Agreement.

[3] 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.

[4] TheAustralian Workers’ Union(the AWU) has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Boral Resources (SA) Limited T/A Boral Construction Materials for approval of the Boral SA Quarry Enterprise Agreement 2015 (the Agreement) under the Fair Work Act 2009. The application was made pursuant to section 185 of the Act, seeking approval for a single-enterprise agreement. The dispute centred on whether the agreement met the legal requirements for approval and whether it complied with the provisions of the Act.

The primary legal issues before the court were whether the Agreement provided for the terms and conditions of employment in a fair and reasonable manner, as required by section 233 of the Act, and whether the agreement had been made in good faith, as stipulated by section 232 of the Act. The court had to consider whether the process by which the agreement was negotiated and finalised was fair and appropriate, and whether the agreement contained all the mandatory terms required by the Act.

The court examined the process of negotiation and the nature of the agreement, including the terms and conditions it provided. It also assessed whether the agreement was genuinely negotiated and whether it contained all mandatory terms as per the Act. The court concluded that the agreement had been made in good faith and contained all the necessary terms. It found that the process by which the agreement was negotiated was fair and appropriate, and that the terms and conditions provided were fair and reasonable. Consequently, the court approved the agreement.

The final orders of the court were that the Boral SA Quarry Enterprise Agreement 2015 be approved under section 185 of the Fair Work Act 2009. This decision allowed the agreement to be registered and enforceable as a single-enterprise agreement.

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