Boral Resources (WA) Ltd T/A Boral Concrete

[2018] FWCA 5923

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (WA) Ltd T/A Boral Concrete

(AG2018/1730)

Boral Concrete Western Australia, Concrete Batchers' and Loader Operators' Enterprise Agreement 2018

Cement and concrete products
Deputy President Gostencnik	MELBOURNE, 20 SEPTEMBER 2018

Application for approval of the Boral Concrete Western Australia, Concrete Batchers' and Loader Operators' Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Boral Concrete Western Australia, Concrete Batchers’ and Loader Operators’ Enterprise Agreement 2018 (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 T/A Boral Concrete. The agreement is a single enterprise agreement.

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.

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.
The Agreement was approved on 20 September 2018 and, in accordance with s.54, will operate from 27 September 2018. The nominal expiry date of the Agreement is 1 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve the Boral Concrete Western Australia, Concrete Batchers' and Loader Operators' Enterprise Agreement 2018. The applicant, Boral Resources (WA) Ltd trading as Boral Concrete, sought approval for the agreement which governs the employment conditions of concrete batchers and loader operators within the company. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application but raised concerns about the agreement's provisions on pay rates, penalty rates, and shift allowances.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the "better off overall test" and the "no unprotected labour test". The Commission also had to ensure that the agreement did not include any provisions that would be contrary to public policy or undermine the existing industrial relations framework.

In assessing the agreement, the Commission considered the evidence and submissions from both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, penalty rates, and shift allowances, which were considered to be in line with industry standards. The Commission concluded that the agreement did not include any provisions that were contrary to public policy or that would undermine the existing industrial relations framework. The Commission also found that the agreement met the "better off overall test" and the "no unprotected labour test". Therefore, the Commission approved the Boral Concrete Western Australia, Concrete Batchers' and Loader Operators' Enterprise Agreement 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established