Boral Resources (Vic) Pty Limited Summary

[2013] FWCA 9482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Limited
(AG2013/9781)

BORAL REGIONAL VICTORIA TRANSPORT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 4 DECEMBER 2013

Application for approval of the Boral Regional Victoria Transport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Regional Victoria Transport Enterprise Agreement 2013 (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 agreement is a single-enterprise agreement.

[2] 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Vic) Pty Limited applied to the Fair Work Commission for approval of the Boral Regional Victoria Transport Enterprise Agreement 2013. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on the conditions of employment, specifically the classification and remuneration of certain employees within the transport sector, as well as the implementation of new work practices proposed by the company. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms of employment.

The legal issues before the Commission involved the interpretation of the Fair Work Act, particularly in relation to the criteria for approving an enterprise agreement under section 234. Key points of contention included the fairness and reasonableness of the proposed terms, the procedural fairness in the negotiation process, and whether the agreement adequately covered the necessary provisions as stipulated in the Act. Additionally, the Commission needed to consider the balance between the interests of the employees and the operational needs of the employer.

The Fair Work Commission found that the proposed agreement was fair and reasonable in its terms, adequately addressing the interests of both the employer and the employees. The Commission noted that the agreement included provisions for classification, remuneration, and work practices that were negotiated in good faith and met the statutory requirements. While the CFMEU raised concerns about certain aspects, the Commission was satisfied that the agreement did not unfairly disadvantage employees and was in line with the principles of procedural fairness. Consequently, the Commission approved the Boral Regional Victoria Transport Enterprise Agreement 2013.

The Fair Work Commission ordered the approval of the Boral Regional Victoria Transport Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and it was to apply to all employees covered by the agreement, subject to the terms and conditions specified.

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