DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Concrete
(AG2017/4957)

BORAL CONCRETE (VIC) AND ALSAFE AGITATOR DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Boral Concrete (Vic) and Alsafe Pre-mix Concrete Agitator Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete (Vic) and Alsafe Pre-mix Concrete Agitator Drivers 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 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.

[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 31 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Resources (Vic) Pty Ltd, trading as Boral Concrete, applied to the Fair Work Commission for approval of the Boral Concrete (Vic) and Alsafe Pre-mix Concrete Agitator Drivers Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it contained the mandated minimum terms and conditions, and whether it was made in good faith and without coercion.

The primary legal issues before the Commission were whether the agreement adequately covered all mandated minimum terms and conditions, and whether it was made in compliance with the good faith bargaining requirement. Additionally, the Commission needed to determine if there was any evidence of coercion or undue influence in the negotiation and execution of the agreement.

The Commission found that the agreement contained all the mandated minimum terms and conditions and was made in good faith. The evidence presented showed that the bargaining process was free from coercion and undue influence. The Commission was satisfied that the agreement was fair and reasonable, and thus approved it. The approval was granted on the condition that certain specific provisions be implemented and that ongoing compliance with the agreement be monitored.

The Fair Work Commission approved the Boral Concrete (Vic) and Alsafe Pre-mix Concrete Agitator Drivers Enterprise Agreement 2017, subject to the aforementioned conditions. The decision ensures that the agreement is legally binding and that the parties are now governed by its terms. This outcome provides clarity and stability for the employees and the employer involved.

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