DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (WA) Limited T/A Boral Asphalt (WA)
(AG2020/2212)

BORAL ASPHALT SPRAYER DRIVERS' (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2020

Asphalt industry
COMMISSIONER HUNT	BRISBANE, 13 AUGUST 2020

Application for approval of the Boral Asphalt Sprayer Drivers' (Western Australia) Enterprise Agreement 2020.

[1] Boral Resources (WA) Limited T/A Boral Asphalt (WA) has applied for approval of an enterprise agreement known as the Boral Asphalt Sprayer Drivers' (Western Australia) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia (the TWU) filed a Form F18 statutory declaration stating the TWU supported the approval of the Agreement and giving 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 TWU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2020. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (WA) Limited, trading as Boral Asphalt (WA), applied for the approval of the Boral Asphalt Sprayer Drivers' (Western Australia) Enterprise Agreement 2020. The application was brought before the Fair Work Commission (FWC). The dispute arose from the negotiation of an enterprise agreement between Boral and the union representing the sprayer drivers, which resulted in the proposed agreement.

The central legal issues before the FWC were whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FW determined whether the agreement met the requirements for employee representation, whether the agreement contained appropriate dispute resolution processes, and whether it provided for adequate pay and conditions for the employees.

The FWC found that the agreement was in the best interests of the employees, considering factors such as the level of employee consultation, the adequacy of pay and conditions, and the presence of appropriate dispute resolution mechanisms. The FWC concluded that the agreement complied with the statutory requirements and was fair and reasonable. The FWC approved the Boral Asphalt Sprayer Drivers' (Western Australia) Enterprise Agreement 2020.

The FWC issued an order approving the enterprise agreement, which was to be effective from 1 July 2020. The order mandated that the agreement be registered with the Fair Work Commission and that it be provided to all employees covered by the agreement. The FWC also directed that the agreement would be subject to periodic review and that any disputes arising from its interpretation or application would be resolved through the specified dispute resolution processes.

Boral Resources (WA) Limited T/A Boral Asphalt (WA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established