DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Country
(AG2016/1537)

BORAL COUNTRY VIC. CONCRETE AND QUARRIES ENTERPRISE AGREEMENT 2015

Quarrying industry
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the Boral Country Vic. Concrete and Quarries Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral Country Vic. Concrete and Quarries Enterprise Agreement 2015 (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 Country. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 29 July 2016 and, in accordance with s.54, will operate from 5 August 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Boral Resources (Vic) Pty Ltd, trading as Boral Country, and various unions representing employees in the concrete and quarrying industry in Victoria. The dispute centred around the approval of the Boral Country Vic. Concrete and Quarries Enterprise Agreement 2015. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the court were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the national workplace relations system. The court was also required to consider whether the agreement provided for the protection of employees' rights and interests, and whether it complied with the relevant provisions of the Act.

The Fair Work Commission found that the proposed agreement met the requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the national workplace relations system. The Commission also found that the agreement provided for the protection of employees' rights and interests, and that it complied with the relevant provisions of the Act. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Commission ordered that the Boral Country Vic. Concrete and Quarries Enterprise Agreement 2015 be approved, subject to the modifications made by the Commission. The modifications related to the calculation of penalty rates for shift work, the provision of meal and rest breaks, and the payment of allowances for certain employees. The parties were directed to give effect to the approved agreement, and to take all necessary steps to ensure compliance with its terms.

Boral Resources (Vic) Pty Ltd T/A Boral Country

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established