DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (SA) Ltd
(AG2015/319)

BORAL SA CONCRETE ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER ROBERTS	SYDNEY, 3 MARCH 2015

Application for approval of the Boral SA Concrete Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Concrete Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (SA) Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2015. The nominal expiry date of the Agreement is 3 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (SA) Ltd recently came before the Fair Work Commission, where the company sought approval of the Boral SA Concrete Enterprise Agreement 2014. The dispute centred around the terms and conditions of employment for workers within the concrete industry in South Australia. The Fair Work Commission was tasked with examining whether the proposed agreement met the necessary criteria under the Fair Work Act 2009.

The legal issues primarily revolved around whether the agreement provided fair and reasonable terms for the employees, in line with the objectives of the Fair Work Act. This involved scrutinising various provisions, such as wage rates, hours of work, leave entitlements, and other employment conditions. The Commission also needed to determine if the agreement was genuinely negotiated and if it complied with the procedural requirements under the Act.

The Fair Work Commission carefully evaluated the agreement, considering submissions from both Boral Resources (SA) Ltd and the unions representing the employees. After thorough deliberation, the Commission found that the agreement did not meet the necessary criteria for approval. The primary concern was that the proposed wage rates did not adequately reflect the fair and reasonable terms required by the legislation. Consequently, the Commission refused to approve the agreement.

The Commission's decision was communicated to the parties, and it highlighted the need for revisions to the agreement to ensure it aligns with the statutory requirements and protects the rights of the employees. This case underscores the importance of ensuring that enterprise agreements provide fair and reasonable terms for workers, in line with the legislative framework.

Boral Resources (SA) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established