DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Construction Materials
(AG2019/1533)

BORAL COUNTRY VIC. CONCRETE AND QUARRIES ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER MCKINNON	MELBOURNE, 21 JUNE 2019

Application for approval of the Boral Country Vic. Concrete and Quarries Enterprise Agreement 2018.

[1] An application has been made for approval of a single enterprise agreement known as the Boral Country Vic. Concrete and Quarries Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (Vic) Pty Ltd T/A Boral Construction Materials.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 (AWU) and Transport Workers’ Union of Australia (TWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Resources (Vic) Pty Ltd, trading as Boral Construction Materials, applied to the Fair Work Commission for approval of the Boral Country Vic. Concrete and Quarries Enterprise Agreement 2018. The application arose as part of the enterprise agreement process under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the requirements for approval, including if it provided for fair and reasonable terms and conditions for the employees involved.

The central legal issues before the Commission were whether the agreement complied with the statutory criteria for approval and if it appropriately balanced the interests of the employer and employees. This included assessing if the agreement provided for fair and reasonable terms and conditions, if it contained all necessary provisions as per the Act, and if the agreement was genuinely negotiated. The Commission also considered whether the agreement provided for appropriate dispute resolution mechanisms and if it was free from any unlawful content.

In determining the application, the Fair Work Commission carefully examined the terms of the agreement and the processes by which it was negotiated. The Commission found that the agreement met the statutory requirements for approval. It considered the agreement to be fair and reasonable, providing for appropriate terms and conditions for the employees, and found that it was genuinely negotiated between the parties. The Commission also confirmed that the agreement included all necessary provisions and contained lawful and appropriate dispute resolution mechanisms. Consequently, the Fair Work Commission approved the Boral Country Vic. Concrete and Quarries Enterprise Agreement 2018.

The Fair Work Commission's decision to approve the enterprise agreement was based on its finding that the agreement met all statutory requirements and provided for fair and reasonable terms and conditions. The Commission highlighted the importance of genuine negotiation and compliance with the Act in reaching this decision. The approval of the agreement ensures that it will now govern the employment terms and conditions of the covered employees, providing a framework for their workplace relations.

Boral Resources (Vic) Pty Ltd T/A Boral Construction Materials

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established