Boral Resources (WA) Limited Summary

[2013] FWCA 2856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (WA) Limited
(AG2013/1044)

BORAL QUARRIES (WA) QUARRY WORKERS’ ENTERPRISE AGREEMENT 2012

Quarrying industry
COMMISSIONER WILLIAMS	PERTH, 9 MAY 2013

Application for approval of the Boral Quarries (WA) Quarry Workers’ Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Boral Quarries (WA) Quarry Workers’ Enterprise Agreement 2012 (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) Limited. The Agreement is a single-enteprise agreement.

[2] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Boral Resources (WA) Limited, sought approval of the Boral Quarries (WA) Quarry Workers’ Enterprise Agreement 2012 from the Fair Work Commission. The application was opposed by various unions representing the employees. The primary dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The applicants argued that the agreement was in the best interests of the employees and the business, while the unions contended that it did not adequately address various terms and conditions of employment.

The central legal issues before the Commission were whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to its compliance with the ‘better off overall test’ and whether it contained all the mandated terms. The Commission had to assess if the agreement provided employees with a minimum rate of pay and conditions that were no less favourable than their previous awards or agreements, and whether it included all the prescribed minimum terms.

The Fair Work Commission found that the proposed enterprise agreement did not meet the statutory requirements for approval. The Commission determined that the agreement did not adequately address the 'better off overall test' as it did not provide employees with a minimum rate of pay and conditions that were no less favourable than their previous awards or agreements. Furthermore, the agreement did not include all the prescribed minimum terms, such as provisions for redundancy payments and overtime rates. Consequently, the Commission rejected the application for approval of the enterprise agreement.

The Fair Work Commission dismissed the application for approval of the Boral Quarries (WA) Quarry Workers’ Enterprise Agreement 2012, as it failed to meet the statutory requirements under the Fair Work Act 2009. The Commission directed the applicants and the unions to further negotiate and amend the agreement to address the identified deficiencies.

Boral Resources (WA) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established