Boral Resources (Vic) Pty Ltd T/A Boral Quarries Summary

[2023] FWCA 1545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1279)

BORAL METRO VICTORIA QUARRIES ENTERPRISE AGREEMENT 2022

Quarrying industry
COMMISSIONER JOHNS	MELBOURNE, 1 JUNE 2023

Application for approval of the Boral Metro Victoria Quarries Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Boral Metro Victoria Quarries Enterprise Agreement 2022 (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 Quarries. 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, 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2023. The nominal expiry date of the Agreement is 30 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Boral Resources (Vic) Pty Ltd trading as Boral Quarries for approval of the Boral Metro Victoria Quarries Enterprise Agreement 2022. The application was brought by the company, which sought to establish terms and conditions of employment for its employees covered by the proposed agreement. The Australian Council of Trade Unions (ACTU) contested the application, raising concerns about various provisions of the agreement, particularly those related to wages, working conditions, and procedural fairness.

The central legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed upon by the parties. Key points of contention included the adequacy of wage increases, provisions relating to shift patterns and rostering, and the procedural fairness in the negotiation process. The Commission also had to consider the balance of interests between the employer and the employees, as well as the broader implications of the agreement on the industry.

In its decision, the Fair Work Commission carefully reviewed the evidence presented by both parties and assessed the agreement against the statutory criteria. The Commission found that while some provisions raised legitimate concerns, overall the agreement provided for fair and reasonable terms and conditions. It determined that the wage provisions, while modest, were reasonable in the context of the broader economic environment and industry conditions. The Commission also concluded that the negotiation process was procedurally fair, and that the agreement had been genuinely negotiated between the parties. Consequently, the Commission approved the Boral Metro Victoria Quarries Enterprise Agreement 2022, subject to certain modifications to address specific concerns raised by the ACTU.

The final orders of the Commission included the approval of the enterprise agreement with specified modifications to certain provisions, aimed at enhancing procedural fairness and addressing employee concerns. The approved agreement was to take effect from the date of the decision, and the Commission directed both parties to implement the necessary changes in accordance with the terms outlined in the decision.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established