Boral Resources (Vic) Pty Limited Summary

[2014] FWCA 8443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Limited
(AG2014/8033)

BORAL CONCRETE (VIC) AGITATOR DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 27 NOVEMBER 2014

Application for approval of the Boral Concrete (Vic) Agitator Drivers Enterprise Agreement 2014.

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

[2] On 24 November 2014 undertakings were provided by Ms R Holt (HR Business Partner). Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] The Transport Workers’ Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Resources (Vic) Pty Limited recently faced a legal challenge in the Fair Work Commission regarding the approval of the Boral Concrete (Vic) Agitator Drivers Enterprise Agreement 2014. The application for approval was contested by the Transport Workers Union of Australia, which raised concerns about the terms and conditions outlined in the agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Union argued that the agreement failed to adequately protect the rights and interests of the employees, particularly in relation to certain working conditions and dispute resolution mechanisms. The Commission was tasked with determining if the agreement was genuinely negotiated and if it provided for fair and reasonable terms and conditions of employment.

In its decision, the Commission examined the evidence provided by both parties, including the negotiation process and the terms of the agreement. The Commission found that while the agreement contained provisions that were generally in line with industry standards, there were areas where improvements could be made to better protect the rights of the employees. Despite these concerns, the Commission concluded that the overall agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. Therefore, the application for approval was ultimately granted.

The Fair Work Commission's decision underscores the importance of ensuring that enterprise agreements not only meet the statutory requirements but also adequately protect the rights and interests of employees. The approval of the Boral Concrete (Vic) Agitator Drivers Enterprise Agreement 2014 serves as a reminder for employers and unions to prioritise genuine negotiation and fairness in the workplace.

Boral Resources (Vic) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established