Boral Resources (Vic) Pty Limited Summary

[2013] FWCA 4902

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (Vic) Pty Limited
(AG2013/1446)

BORAL QUARRIES (METRO) ENTERPRISE AGREEMENT 2013

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 22 JULY 2013

Application for approval of the Boral Quarries (Metro) Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Quarries (Metro) Enterprise Agreement 2013 (the Agreement). The application was made by the Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 29 July 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Vic) Pty Limited applied for approval of the Boral Quarries (Metro) Enterprise Agreement 2013. The application was made to the Fair Work Commission. The agreement was negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The key issues before the Commission were whether the agreement appropriately provided for minimum terms and conditions of employment, including minimum wages and other entitlements, and whether it had been genuinely bargained.

The Fair Work Commission examined the negotiation process and the content of the agreement to determine if it met the legislative criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, overtime provisions, and other employment-related benefits. The Commission also assessed the negotiation process to ensure that the agreement had been genuinely bargained between the parties. The Commission concluded that the agreement met the requirements for approval as it provided for minimum terms and conditions and had been genuinely negotiated.

Accordingly, the Fair Work Commission approved the Boral Quarries (Metro) Enterprise Agreement 2013. The Commission found that the agreement was fair and reasonable and that it had been genuinely negotiated between the parties. The approval ensures that the terms and conditions of employment for the relevant employees are protected and that the agreement is legally enforceable. The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009.

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