DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Asphalt
(AG2018/6295)

BORAL ASPHALT (VICTORIA) ENTERPRISE AGREEMENT 2017

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Boral Asphalt (Victoria) Enterprise Agreement 2017.

[1] Boral Resources (Vic) Pty Ltd T/A Boral Asphalt has made an application for approval of an enterprise agreement known as the Boral Asphalt (Victoria) Enterprise Agreement 2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 February 2019 and, in accordance with s 54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (Vic) Pty Ltd, trading as Boral Asphalt, applied to the Fair Work Commission for approval of the Boral Asphalt (Victoria) Enterprise Agreement 2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement was not fair and reasonable in all its terms. The dispute involved whether the agreement complied with the Fair Work Act 2009, particularly in terms of minimum wages, penalty rates, and other employment conditions.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing if the agreement provided for fair and reasonable terms and conditions, including pay and conditions for employees, and whether it was made in accordance with the processes required by the Act. The Commission had to determine if the agreement provided for procedural fairness and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the Boral Asphalt (Victoria) Enterprise Agreement 2017 was fair and reasonable in all its terms. The Commission noted that the agreement included provisions for minimum wages and penalty rates that were consistent with the relevant awards and industrial instruments. The Commission also considered the process through which the agreement was made, finding that it was achieved through good faith bargaining. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the Boral Asphalt (Victoria) Enterprise Agreement 2017, finding it to be fair and reasonable. The agreement was registered, and the application for approval was successful.

Boral Resources (Vic) Pty Ltd 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