DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Concrete
(AG2018/5032)

BORAL CONCRETE TESTERS' ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Boral Concrete Testers' Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Testers’ Enterprise Agreement 2017 (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 Concrete. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Boral Resources (Vic) Pty Ltd, trading as Boral Concrete, which applied for the approval of the Boral Concrete Testers' Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which had the responsibility to determine if the agreement met the necessary standards for approval under the Fair Work Act 2009. The agreement sought to establish terms and conditions for employees classified as concrete testers, including wages, working hours, and other employment-related matters.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements set forth in the Fair Work Act. This involved an examination of whether the agreement was made in good faith, whether it contained the prescribed minimum terms, and whether it adhered to the provisions concerning the registration of enterprise agreements. Additionally, the Commission had to consider if the agreement was likely to achieve a better outcome for the employees in terms of their overall employment conditions.

In delivering its decision, the Commission detailed its assessment of the agreement's provisions and their alignment with the statutory requirements. The Commission found that the agreement was made in good faith and contained the minimum terms as mandated by the Fair Work Act. It also determined that the agreement was likely to result in improved outcomes for the employees, particularly in terms of their wages and working conditions. Consequently, the Commission approved the application, and the Boral Concrete Testers' Enterprise Agreement 2017 was registered.

The final orders of the Commission included the approval and registration of the enterprise agreement, effective from the date of the decision. The agreement was to govern the terms and conditions of employment for the relevant employees, subject to the provisions of the Fair Work Act.

Boral Resources (Vic) Pty Ltd 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