DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Limited t/a Boral Asphalt
(AG2021/4195)

BORAL ASPHALT (VICTORIA) ENTERPRISE AGREEMENT 2020

Asphalt industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 31 MARCH 2021

Application for approval of the Boral Asphalt (Victoria) Enterprise Agreement 2020.

[1] Boral Asphalt has applied for approval of a single enterprise agreement known as the Boral Asphalt (Victoria) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement was approved on 31 March 2021 and, in accordance with s.54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Vic) Pty Limited t/a Boral Asphalt applied for the approval of the Boral Asphalt (Victoria) Enterprise Agreement 2020. The applicant argued the agreement should be approved as a modern award. The Australian Manufacturing Workers' Union contested the application, contending that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The court was tasked with determining whether the agreement provided for a fair and efficient workplace while also ensuring that employees' rights were protected.

The court examined the provisions of the agreement against the criteria set out in section 231 of the Fair Work Act. It assessed whether the agreement provided for fair and efficient terms and conditions and whether it was free from coercion, harassment, or bullying. The court also considered if the agreement was consistent with the objects of the Act and whether it provided for the protection of employees' rights. The court found that the agreement met these criteria and was therefore fair and efficient. It also found that the agreement was not inconsistent with the objects of the Act and provided for the protection of employees' rights.

The court approved the Boral Asphalt (Victoria) Enterprise Agreement 2020. The decision emphasised the importance of ensuring that enterprise agreements provide for fair and efficient terms and conditions while protecting employees' rights. The court's decision highlights the need for careful consideration of the criteria set out in the Fair Work Act when approving enterprise agreements. The approval of the agreement will provide certainty and stability for employees and employers in the asphalt industry in Victoria.

Boral Resources (Vic) Pty Limited t/a Boral Asphalt

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established