Boral Resources (WA) Limited

[2025] FWCA 2606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (WA) Limited

(AG2025/2415)

BORAL QUARRIES (WA & NT) ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER SCHNEIDER	PERTH, 5 AUGUST 2025

Application for approval of the Boral Quarries (WA & NT) Enterprise Agreement 2025

Boral Resources (WA) Limited (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Boral Quarries (WA & NT) Enterprise Agreement 2025 (the Agreement).

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 1.5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 August 2025.

The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Boral Resources (WA) Limited applied to the Fair Work Commission for approval of the Boral Quarries (WA & NT) Enterprise Agreement 2025. The application was brought to ensure that the proposed agreement was in compliance with the Fair Work Act 2009 and met the necessary standards for a modern award. The key parties involved were Boral Resources (WA) Limited and the employees represented by various unions. The nature of the dispute centred on the procedural and substantive fairness of the proposed agreement, specifically whether it provided adequate protections and benefits for the employees, and whether the consultation processes were sufficient.

The legal issues the court had to resolve included whether the agreement was genuinely negotiated and whether it complied with the requirements of the Fair Work Act. This involved scrutinising the consultation processes, ensuring the agreement was not prejudicial to employees, and confirming that the agreement provided fair and reasonable terms. The court also had to assess whether the agreement included all the minimum terms and conditions set out in the relevant modern award, and if it provided for a fair and efficient method of determining any additional terms.

The Fair Work Commission determined that the Boral Quarries (WA & NT) Enterprise Agreement 2025 was fair and reasonable. The court found that the agreement was genuinely negotiated, with adequate consultation processes in place. It was noted that the agreement provided for fair and reasonable terms and conditions, including protections and benefits for the employees, and it did not include any provisions that were prejudicial. The agreement was also found to comply with all the necessary requirements under the Fair Work Act and the relevant modern award. The court concluded that the application should be approved, and the agreement would be registered.

No further orders were made beyond the approval and registration of the agreement. The decision underscores the importance of thorough consultation and negotiation processes in the formation of enterprise agreements, ensuring they meet the statutory standards for fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established