| [2023] FWCA 2009 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Resources (Vic) Pty Ltd T/A Boral Resources (Vic) Pty Ltd
(AG2023/1918)
BORAL CONCRETE (METRO) PLANT MANAGERS’ & OPERATORS’ ENTERPRISE AGREEMENT 2022
| Cement and concrete products | |
| COMMISSIONER WILSON | MELBOURNE, 3 JULY 2023 |
Application for approval of the Boral Concrete (Metro) Plant Managers’ & Operators’ Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Boral Concrete (Metro) Plant Managers’ & Operators’ 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 Resources (Vic) Pty Ltd. 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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 3 July 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE520605 PR763855>
Annexure A
- AGLC
- Boral Resources (Vic) Pty Ltd T/A Boral Resources (Vic) Pty Ltd [2023] FWCA 2009
- Case
- [2023] FWCA 2009
- Decision Date
CaseChat Overview and Summary
The key legal issues the Commission considered were whether the agreement was a genuine enterprise agreement, whether it was certified as a modern award, and whether it met the requirements for a single-employer agreement. The Commission also needed to assess whether the agreement provided for the proper regulation of employees’ working conditions and whether it complied with the Fair Work Act’s provisions for good faith bargaining. The Commission examined the process by which the agreement was negotiated, the extent of employee involvement, and the fairness of the agreement’s terms.
After hearing submissions from both parties and considering the evidence presented, the Commission found that the agreement was a genuine enterprise agreement and met the requirements for a modern award. The Commission concluded that the agreement was negotiated in good faith, with adequate employee involvement, and that its terms were fair and reasonable. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. Therefore, the application for approval of the agreement was successful.
The Commission approved the Boral Concrete (Metro) Plant Managers’ & Operators’ Enterprise Agreement 2022, effective from 1 March 2022. The agreement will now operate as a modern award, providing the terms and conditions of employment for the relevant employees. The Commission’s decision ensures that the agreement will be binding on the parties and will provide a fair and reasonable framework for the regulation of employees’ working conditions.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.