DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (WA) Limited
(AG2015/2499)

BORAL CONCRETE WESTERN AUSTRALIA, CONCRETE BATCHERS’ ENTERPRISE AGREEMENT 2014

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 29 APRIL 2015

Application for approval of the Boral Concrete Western Australia, Concrete Batchers’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Western Australia, Concrete Batchers’ Enterprise Agreement 2014 (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 (WA) Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 April 2015 and, in accordance with s.54, will operate from 6 May 2015. The nominal expiry date of the Agreement is 1 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Boral Resources (WA) Limited, the Fair Work Commission was tasked with determining whether to approve the Boral Concrete Western Australia, Concrete Batchers’ Enterprise Agreement 2014. The application for approval was brought by the employer, Boral Resources (WA) Limited, and opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, specifically whether it met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the mandatory matters as stipulated by the Fair Work Act, and whether it was procedurally sound in its development and negotiation. A particular focus was on whether the agreement was made in good faith and whether it had been properly balloted by the employees. The Commission had to examine the evidence presented regarding the negotiation process, the response of the employees, and the overall fairness of the agreement.

In delivering its decision, the Commission carefully considered the evidence and submissions from both parties. It found that the agreement did indeed cover all mandatory matters and had been negotiated in good faith. The Commission noted that while there was opposition from the union, a majority of the employees had voted in favour of the agreement, demonstrating a clear mandate. The Commission concluded that the agreement was fair and reasonable, and thus approved it. The decision highlighted the importance of ensuring that enterprise agreements not only meet statutory requirements but also reflect the genuine interests and preferences of the workforce.

The final orders included the approval of the Boral Concrete Western Australia, Concrete Batchers’ Enterprise Agreement 2014, with the agreement to be registered with the Fair Work Commission. This decision underscored the Commission's role in ensuring that enterprise agreements are both legally compliant and reflective of the needs and views of the employees involved.

Boral Resources (WA) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established