DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Limited T/A Boral Quarries
(AG2017/1561)

BORAL QUARRIES (METRO) ENTERPRISE AGREEMENT 2016

Quarrying industry
COMMISSIONER ROE	MELBOURNE, 16 MAY 2017

Application for approval of the Boral Quarries (Metro) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Quarries (Metro) Enterprise Agreement 2016 (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 Quarries. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Resources (Vic) Pty Limited, trading as Boral Quarries, applied for approval of the Boral Quarries (Metro) Enterprise Agreement 2016. The application followed a negotiation process that resulted in an agreement between Boral and the Australian Manufacturing Workers’ Union. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement contained all the required terms as per section 228 of the Act, whether it was appropriately certified by the Australian Building and Construction Commission, and if it complied with the ‘better off overall’ test as outlined in section 231 of the Act. The Commission had to examine the provisions of the agreement to ensure that it provided employees with terms and conditions that were at least as good as the applicable award or safety net.

The Commission found that the agreement was comprehensive and met all the necessary requirements for approval. It contained all the mandated terms and had been appropriately certified. Moreover, the agreement provided employees with conditions that were better than or equal to those in the relevant award, satisfying the 'better off overall' test. Consequently, the Commission approved the agreement, emphasising the importance of such agreements in providing fair and effective workplace conditions.

The final orders of the Commission included the approval of the Boral Quarries (Metro) Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant employees until a new agreement was made or until otherwise terminated under the Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established