DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Limited T/A Boral Concrete
(AG2020/3979)

BORAL CONCRETE (METRO) CONCRETE PLANT MANAGERS’ & OPERATORS’ ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 21 JANUARY 2021

Application for approval of the Boral Concrete (Metro) Concrete Plant Managers’ & Operators’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete (Metro) Concrete Plant Managers’ & Operators’ Enterprise Agreement 2020 (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 T/A Boral Concrete. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Resources (Vic) Pty Limited trading as Boral Concrete, the applicant sought approval of the Boral Concrete (Metro) Concrete Plant Managers’ & Operators’ Enterprise Agreement 2020. The respondent was the Australian Council of Trade Unions, who contested the application on behalf of their members. The dispute came before the Fair Work Commission, Australia’s industrial relations tribunal, for resolution.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions, and if it had been genuinely negotiated between the parties. The Commission also considered whether the agreement was in the best interests of the employees and whether it contained appropriate provisions for the protection of workers' rights.

The Fair Work Commission, after hearing arguments from both sides, found that the agreement provided for fair and reasonable terms and conditions. The Commission determined that the agreement had been genuinely negotiated between the parties and that it was in the best interests of the employees. The Commission approved the agreement, noting the provisions it contained for the protection of workers' rights, including provisions for leave, health and safety, and dispute resolution. The Commission considered that the agreement provided a fair balance between the interests of the employer and the employees.

The Fair Work Commission approved the Boral Concrete (Metro) Concrete Plant Managers’ & Operators’ Enterprise Agreement 2020. The Commission's decision was based on its finding that the agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions for the employees. The Commission's approval of the agreement will provide certainty for the employer and employees and will facilitate a stable industrial relations environment in the concrete industry.

Boral Resources (Vic) Pty Limited T/A Boral Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established