DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Logistics (Vic)
(AG2015/5990)

BORAL LOGISTICS (VIC METRO) DRIVERS’ ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 NOVEMBER 2015

Application for approval of the Boral Logistics (Vic Metro) Drivers’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral Logistics (Vic Metro) Drivers’ Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (Vic) Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 4 November 2015 an undertaking was provided by Corey Rose, the Company’s HR Business Partner (Southern Region), in relation to parental leave, the right to request flexible working arrangements and long service leave. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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, will operate from 18 November 2015. The nominal expiry date is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Resources (Vic) Pty Ltd T/A Boral Logistics (Vic) applied to the Fair Work Commission for approval of the Boral Logistics (Vic Metro) Drivers’ Enterprise Agreement 2015. The application arose under section 234 of the Fair Work Act 2009, as the parties were unable to resolve their dispute through conciliation and mediation processes. The dispute centred on the terms and conditions of employment for the drivers within the Boral Logistics (Vic) operations, particularly concerning pay rates, working hours, and other employment-related conditions.

The legal issues before the court involved whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the agreement provided for minimum rates of pay, penalty rates, maximum standard and average standard hours of work, and if it complied with the provisions concerning the agreement's coverage, good faith bargaining, and other procedural requirements. The court also needed to determine if the agreement was in the best interests of the employees it covered.

The court determined that the Boral Logistics (Vic Metro) Drivers’ Enterprise Agreement 2015 satisfied the statutory requirements for approval. The agreement was found to provide for minimum rates of pay and penalty rates, as well as maximum standard and average standard hours of work. The court concluded that the agreement was the product of genuine agreement and was in the best interests of the employees it covered. The application was thus approved under section 235 of the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established