Boral Resources (SA) Ltd

[2024] FWCA 4455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boral Resources (SA) Ltd

(AG2024/4637)

BORAL SA QUARRY ENTERPRISE AGREEMENT 2024

Quarrying industry
COMMISSIONER MIRABELLA	MELBOURNE, 12 DECEMBER 2024

Application for approval of the Boral SA Quarry Enterprise Agreement 2024

Boral Resources (SA) Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Boral SA Quarry Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 21 June 2024 and the Agreement was made on 13 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Cement, Lime and Quarrying Award 2020 is taken to be a term of the Agreement.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

The Agreement was approved on 12 December 2024 and, in accordance with s.54, will operate from 19 December 2024. The nominal expiry date of the Agreement is 12 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Boral Resources (SA) Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Boral SA Quarry Enterprise Agreement 2024. The key issues for determination were whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it provided for a fair and efficient workplace and adhered to the process mandated by the legislation for enterprise agreements. The CFMEU argued that the agreement did not appropriately address the needs of the employees, particularly regarding working conditions and pay rates, while Boral Resources contended that the agreement was fair and comprehensive, providing a balanced approach to the needs of both the employer and employees.

The Commission examined the procedural fairness of the agreement, including whether there was genuine bargaining between the parties, and the substantive content of the agreement to ensure it complied with the "better off overall test". The Commission considered submissions from both parties and examined the evidence provided regarding the bargaining process and the terms of the agreement. The Commission noted that while there were some concerns raised about specific clauses, the overall agreement appeared to meet the legislative requirements for procedural fairness and provided a satisfactory outcome for the employees.

The Fair Work Commission approved the Boral SA Quarry Enterprise Agreement 2024, finding that it was appropriately negotiated and contained terms that met the requirements of the Fair Work Act. The Commission emphasised the importance of the parties continuing to work together to address any issues that may arise during the life of the agreement. The decision was based on the evidence that the agreement provided for fair and efficient workplace arrangements and adhered to the necessary legislative processes. The Commission's approval of the agreement allows it to be registered with the Fair Work Commission, providing legal effect from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established