Boral Resources (Vic) Pty Ltd T/A Boral Asphalt Summary

[2017] FWCA 2155

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/1133)

Boral Asphalt (Vic Metro Logistics) Drivers’ Enterprise Agreement 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 19 APRIL 2017

Application for approval of the Boral Asphalt (Vic Metro Logistics) Drivers’ Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Boral Asphalt (Vic Metro Logistics) Drivers’ 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 Ltd T/A Boral Asphalt. The Agreement is a single enterprise agreement.

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 Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

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 the approval of the Boral Asphalt (Vic Metro Logistics) Drivers’ Enterprise Agreement 2016. The application arose out of negotiations between Boral Asphalt and the Victorian branch of the Transport Workers Union. The dispute centred on the terms and conditions of employment for drivers employed by Boral Asphalt in the metropolitan logistics sector of Victoria.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness in the bargaining process and the substantive terms of the agreement. The Commission had to determine if the agreement was made in good faith and if it contained the necessary minimum terms as stipulated by the Act. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees it sought to cover.

In its decision, the Fair Work Commission found that the agreement was made in good faith and adhered to the necessary procedures. The Commission concluded that the agreement met all the minimum requirements under the Act and was fair and reasonable in the circumstances. The Commission highlighted that the agreement provided for adequate pay rates, conditions, and entitlements for the drivers, thus serving their best interests. The Commission approved the enterprise agreement, noting that it balanced the interests of both the employer and the employees effectively.

The Fair Work Commission approved the Boral Asphalt (Vic Metro Logistics) Drivers’ Enterprise Agreement 2016, effective from the date of the decision. The approval ensures that the drivers employed by Boral Asphalt in the metropolitan logistics sector of Victoria are covered by the terms and conditions of the agreement, providing them with a fair and reasonable set of employment terms.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established