DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Concrete
(AG2017/5057)

BORAL CONCRETE (METRO) AND ALSAFE PRE-MIX CONCRETE PLANT MANAGERS’ & OPERATORS’ ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Boral Concrete (Metro) and Alsafe Pre-mix Concrete Plant Managers’ & Operators’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete (Metro) and Alsafe Pre-mix Concrete Plant Managers’ & Operators’ 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 Applicant 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] Subject to the undertakings referred to above, 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Boral Resources (Vic) Pty Ltd T/A Boral Concrete, the Fair Work Commission was asked to consider the application for the approval of the Boral Concrete (Metro) and Alsafe Pre-mix Concrete Plant Managers’ & Operators’ Enterprise Agreement 2017. The applicants, Boral Resources (Vic) Pty Ltd, sought to have the agreement recognised as a lawful enterprise agreement under the Fair Work Act 2009. The dispute arose from the negotiation and subsequent approval process of the enterprise agreement which was intended to govern the employment terms and conditions of the relevant employees.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria set out in the Fair Work Act for it to be recognised and approved. This included determining whether the agreement had been made in good faith and without coercion, whether it had been properly certified, and whether it satisfied the procedural requirements for approval. Additionally, the Commission had to assess whether the agreement complied with the applicable minimum entitlements and the public interest test.

After examining the submissions and evidence provided by the parties, the Commission found that the agreement had been made in good faith, without coercion, and in accordance with the procedures outlined in the Fair Work Act. The Commission also determined that the agreement met the requirements of the public interest test and did not result in a significant detriment to the employees. Consequently, the Commission approved the Boral Concrete (Metro) and Alsafe Pre-mix Concrete Plant Managers’ & Operators’ Enterprise Agreement 2017, recognising it as a lawful enterprise agreement under the Fair Work Act.

The Fair Work Commission's decision to approve the enterprise agreement ensures that the employment terms and conditions of the relevant employees are governed by the agreed-upon provisions, providing certainty and stability for both the employer and employees. The Commission's determination also affirms the importance of adhering to the legal framework established by the Fair Work Act in the negotiation and approval process of enterprise agreements.

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