| [2022] FWCA 1767 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Resources (VIC) Pty Ltd T/A Boral Concrete
(AG2022/1407)
Boral Metro Logistics (Vic) Drivers’ Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 2 JUNE 2022 |
Application for approval of the Boral Metro Logistics (Vic) Drivers’ Enterprise Agreement 2022.
Boral Resources (VIC) Pty Ltd T/A Boral Concrete (the Employer) has made an application for approval of an enterprise agreement known as the Boral Metro Logistics (Vic) Drivers’ Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 2 June 2022 and, in accordance with s.54, will operate from 9 June 2022. The nominal expiry date of the Agreement is 31 December 2024.
COMMISSIONER
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Annexure A
- AGLC
- Boral Resources (VIC) Pty Ltd T/A Boral Concrete [2022] FWCA 1767
- Case
- [2022] FWCA 1767
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the enterprise agreement complied with the statutory provisions that govern the approval of such agreements. Specifically, the court needed to determine if the agreement contained all the prescribed minimum terms and conditions and if it was made in good faith and without coercion. The court also had to consider whether the agreement met the requirements for the protection of employees' rights and interests.
The Fair Work Commission found that the enterprise agreement met all the statutory requirements. The court noted that the agreement contained all the prescribed minimum terms and conditions, and there was no evidence of coercion or bad faith in its creation. The Commission was satisfied that the agreement provided adequate protections for the employees and that it was made in good faith. Accordingly, the application for approval of the enterprise agreement was approved.
The Fair Work Commission approved the Boral Metro Logistics (Vic) Drivers’ Enterprise Agreement 2022. The Commission determined that the agreement met all the necessary statutory requirements and was made in good faith. The Commission found no evidence of coercion or bad faith in the creation of the agreement, and it provided adequate protections for the employees. As a result, the Commission approved the enterprise agreement, and it will now be legally binding on the parties.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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