DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Limited
(AG2015/521)

BORAL CONCRETE (METRO) PLANT MANAGERS’ & OPERATORS’ ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 27 MARCH 2015

Application for approval of the Boral Concrete (Metro) Plant Managers’ & Operators’ Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Concrete (Metro) Plant Managers’ & Operators’ Enterprise Agreement 2014 (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 (Vic) Pty Limited (the Company).

[2] 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.

[3] The Australian Workers’ Union, being bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Vic) Pty Limited was the subject of an application to the Fair Work Commission for the approval of the Boral Concrete (Metro) Plant Managers’ & Operators’ Enterprise Agreement 2014. The dispute involved the conditions of employment for plant managers and operators within the company’s operations, including wages, hours of work, and other employment-related terms. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements of the Act, particularly in terms of its fairness and compliance with the statutory unfair dismissal provisions. The Commission had to consider whether the agreement provided for minimum rates of pay, reasonable hours of work, and other conditions that were no less favourable than the applicable awards or safety nets. Additionally, the Commission needed to ensure that the agreement did not contain any terms that would render it unlawful or non-compliant with the Act.

In deliberating on these issues, the Commission examined the submissions from both the applicant and the relevant unions. It considered the evidence provided regarding the negotiation process and the contents of the agreement. The Commission also took into account the broader economic and industry context, including the nature of the work involved and the bargaining power of the parties. Ultimately, the Commission found that the agreement met the necessary standards of fairness and compliance with the statutory requirements. The terms were deemed to provide adequate protection for the employees while allowing the company to operate effectively. The Commission approved the agreement, confirming its compliance with the legislative framework.

The final orders of the Commission included the approval of the Boral Concrete (Metro) Plant Managers’ & Operators’ Enterprise Agreement 2014, with the agreement to take effect from the specified commencement date. The Commission also directed that the agreement be registered with the Fair Work Commission and that appropriate notices be given to the relevant parties. The decision provided clarity and certainty for both the employer and employees, ensuring that the employment conditions were governed by a legally compliant and fair agreement.

Boral Resources (Vic) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established