Boral Resources (Vic) Pty Limited Summary

[2013] FWCA 6801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Limited
(AG2013/2741)

BORAL CONCRETE TESTERS’ ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the Boral Concrete Testers’ Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Concrete Testers’ Enterprise Agreement 2013 (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.

[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 the 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2013. The nominal expiry date of the Agreement is 31 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Boral Resources (Vic) Pty Limited, the applicant company sought approval for the Boral Concrete Testers’ Enterprise Agreement 2013 from the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed agreement with relevant labour laws. The applicant argued that the agreement was necessary to regulate the terms and conditions of employment for concrete testers, while the respondent, a union, raised concerns about the fairness of certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained unfair provisions that would render it non-compliant with the statutory requirements. Specifically, the Commission needed to examine whether the proposed terms and conditions, including pay rates, working hours, and redundancy provisions, were fair and reasonable. The respondent union contested several aspects of the agreement, asserting that the proposed changes would disadvantage employees by reducing their entitlements and job security. The Commission had to balance the applicant's need for operational flexibility against the respondent's advocacy for employee protections.

The Fair Work Commission concluded that while some provisions of the agreement were contentious, they did not render the agreement unfair overall. The Commission found that the proposed terms and conditions were reasonable and in line with the statutory requirements for approval. The Commission emphasised that the agreement provided a fair balance between the interests of the employer and the employees, taking into account the economic realities and the need for a workable agreement. The decision to approve the agreement was based on the overall fairness and the necessity of the proposed changes for the company's operations.

The final order of the Fair Work Commission was to approve the Boral Concrete Testers’ Enterprise Agreement 2013, subject to the conditions and provisions as set out in the decision. This decision allows the agreement to take effect, providing a framework for the employment conditions of concrete testers under the terms negotiated between the parties.

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