Boral Resources (Vic) Pty Ltd Summary

[2025] FWCA 2132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Boral Resources (Vic) Pty Ltd
(AG2025/1891)
APPLICATION FOR APPROVAL OF THE BORAL METRO QUARRIES VIC TIPPER DRIVERS’ ENTERPRISE AGREEMENT 2024

Road transport industry

COMMISSIONER MIRABELLA

MELBOURNE, 23 JULY 2025

Application for approval of the Boral Metro Quarries VIC Tipper Drivers’ Enterprise Agreement 2024
[1]      Boral Resources (Vic) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Boral Metro Quarries VIC Tipper Drivers’ Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth)
(the Act). The Agreement is a single enterprise agreement.
[2]      The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to the enterprise agreement approval processes in Part 2–4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 16 April 2025 and the Agreement was made on 4 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
[3]      On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 and 190 of the Act, as are relevant to this application for approval, have been met.
[4]      Clause 14 of the Agreement provides that the workplace delegates’ rights clause, as contained within the Road Transport and Distribution Award 2020 [MA000038] (the Award) forms part of this Agreement. While it appears that the intention of clause 14 is to incorporate the Award term, it has not been explicitly included in the Agreement. Pursuant to s.205A(1)–(2) of the Act, the workplace delegates’ rights term, as prescribed by the Award, is taken to be a term of the Agreement.
[5]      The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2025. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER
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CaseChat Overview and Summary

Boral Resources (Vic) Pty Ltd applied for approval of the Boral Metro Quarries VIC Tipper Drivers’ Enterprise Agreement 2024. The application was heard by the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009 (Cth). The application followed negotiations between Boral Resources and the Transport Workers Union, which represents the drivers. The agreement in question was to govern the employment conditions of tipper drivers at Boral's metro quarries in Victoria.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly section 230, which mandates that an agreement must be in the best interests of the employees it covers. The Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any element of coercion or undue influence. Additionally, the Commission examined whether the agreement complied with the procedural requirements outlined in the Act, such as the provision of a copy of the agreement to all relevant employees and the opportunity for those employees to vote on the agreement.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did meet the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and leave entitlements. The Commission was satisfied that the agreement had been negotiated in good faith and that there was no evidence of coercion or undue influence. Furthermore, the Commission confirmed that all procedural requirements had been met, including the distribution of the agreement to all relevant employees and the opportunity for them to vote on the agreement. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees it covered. The agreement now sets the terms and conditions for tipper drivers employed by Boral Resources at its metro quarries in Victoria, effective from the date of the Commission's approval.

Boral Resources (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Road transport industry
COMMISSIONER MIRABELLA	MELBOURNE, 23 JULY 2025