DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (WA) Limited T/A Boral Quarries (WA)
(AG2019/4920)

BORAL QUARRIES (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2019

Quarrying industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 JANUARY 2020

Application for approval of the Boral Quarries (Western Australia) Enterprise Agreement 2019.

[1] Boral Resources (WA) Limited has made an application for the approval of an enterprise agreement known as the Boral Quarries (Western Australia) Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] The Australian Workers’ Union, and the Construction, Forestry, Maritime, Mining and Energy Union (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[4] The Agreement was approved on 29 January 2020 and, in accordance with s 54, will operate from 5 February 2020. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Resources (WA) Limited, trading as Boral Quarries (WA), sought approval for the Boral Quarries (Western Australia) Enterprise Agreement 2019, which was intended to regulate the terms and conditions of employment for its employees. The Fair Work Commission was the tribunal tasked with evaluating the application, given its jurisdiction over enterprise agreements under the Fair Work Act 2009 (Cth). The application faced opposition from various unions and individual employees, who argued that the proposed agreement did not meet the requirements for approval, particularly concerning procedural fairness and the adequacy of employee representation.

The legal issues central to the decision revolved around whether the agreement was fairly and appropriately negotiated and whether it complied with the statutory requirements for approval. Key concerns included whether the process of negotiation was transparent and inclusive, ensuring fair representation of employee interests. Additionally, the court examined whether the agreement provided fair and reasonable terms and conditions of employment, taking into account the interests of both employees and employers.

The Fair Work Commission meticulously reviewed the negotiation process, the representation of employees, and the contents of the agreement. It was found that the negotiation process was conducted in a manner that allowed for fair and meaningful participation by the employees. The Commission was satisfied that the agreement reflected a balance of interests, providing fair and reasonable terms and conditions of employment. Consequently, the Fair Work Commission approved the Boral Quarries (Western Australia) Enterprise Agreement 2019, finding it met all statutory requirements for approval.

The final orders of the Fair Work Commission were that the Boral Quarries (Western Australia) Enterprise Agreement 2019 be approved, effective from the date of the decision. This approval signified that the agreement could be implemented as a legally binding enterprise agreement under the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established