DECISION

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

Boral Resources (WA) Ltd T/A Boral Concrete (WA)
(AG2020/1293)

BORAL CONCRETE DRIVERS’ (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT LAKE	BRISBANE, 11 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Drivers’ (Western Australia) Enterprise Agreement 2020 (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 (WA) (the Applicant). The Agreement is a single enterprise agreement.

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

[3] Accordingly, the Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 June 2020. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508268 PR720150

CaseChat Overview and Summary

Boral Resources (WA) Ltd, trading as Boral Concrete (WA), applied for the approval of the Boral Concrete Drivers' (Western Australia) Enterprise Agreement 2020. The application was heard by the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act, including provisions relating to minimum wages and other entitlements. Additionally, the Commission considered whether the agreement was made in good faith and whether the process by which it was negotiated and agreed upon was appropriate.

The Commission found that the agreement contained fair and reasonable terms and conditions for the employees covered by it. It was satisfied that the agreement provided for adequate wages and conditions that were not less favourable than the applicable awards or safety net awards. The Commission also determined that the agreement was made in good faith and that the process for its negotiation was appropriate, with proper consultation and representation of the employees. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Boral Concrete Drivers' (Western Australia) Enterprise Agreement 2020, deeming it to be fair, reasonable, and in compliance with the requirements of the Fair Work Act 2009. The agreement was thus authorised to take effect as of the date of the approval.

Boral Resources (WA) Ltd T/A Boral Concrete (WA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established