DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Asphalt
(AG2015/4938)

BORAL ASPHALT (VICTORIA) ENTERPRISE AGREEMENT 2014

Asphalt industry
COMMISSIONER RYAN	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Boral Asphalt (Victoria) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Asphalt (Victoria) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Boral Resources (Vic) Pty Ltd T/A Boral Asphalt. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of The Australian Workers’ Union with respect to these undertakings.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 6 October 2015. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved Boral Resources (Vic) Pty Ltd, trading as Boral Asphalt, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard by the Fair Work Commission, which was tasked with determining whether to approve the Boral Asphalt (Victoria) Enterprise Agreement 2014. The dispute centred around the fairness and compliance of the proposed enterprise agreement with the relevant industrial laws and standards.

The primary legal issues the court had to address were whether the agreement met the requirements for being deemed "bargained for" under the Fair Work Act 2009, and whether it contained all the necessary provisions as stipulated by the Fair Work Regulations. Additionally, the court examined whether the agreement adequately protected employees' rights and whether it provided fair and reasonable terms and conditions of employment.

In its decision, the Fair Work Commission found that the agreement was indeed bargained for and complied with the legal requirements. The Commission noted that the agreement had been negotiated in good faith and that it included all necessary provisions. The court concluded that the terms of the agreement were fair and reasonable, providing adequate protections for the employees while balancing the interests of the employer. The Commission approved the enterprise agreement, highlighting its compliance with the relevant industrial laws and its provision of fair terms for both parties.

The Fair Work Commission's final orders included the approval of the Boral Asphalt (Victoria) Enterprise Agreement 2014, subject to the terms and conditions specified in the decision. The agreement was to be registered and would come into effect on the date of the Commission's approval. The decision underscored the importance of fair bargaining and compliance with industrial laws in the formation of enterprise agreements.

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