DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (WA) Ltd T/A Boral Concrete (WA)
(AG2017/1736)

BORAL RESOURCES (WA) LTD ASHBURTON ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2017

Application for approval of the Boral Resources (WA) Ltd Ashburton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Resources (WA) Ltd Ashburton Enterprise Agreement 2017 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Resources (WA) Ltd T/A Boral Concrete (WA) applied to the Fair Work Commission for approval of the Ashburton Enterprise Agreement 2017. The application was contested by the Australian Manufacturing Workers’ Union. The dispute centred on the terms of the proposed enterprise agreement, particularly those relating to employment conditions, pay rates, and other workplace arrangements.

The legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms, and whether it had been genuinely negotiated between the employer and the union. The Commission also had to consider the views of employees and whether the agreement was in the best interests of the workforce.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and had been genuinely negotiated. The Commission noted that the agreement provided for appropriate terms and conditions, including pay rates and employment arrangements, and that it was in the best interests of the employees. The Commission also considered the views of the employees, which were largely supportive of the agreement. Based on these findings, the Commission approved the Ashburton Enterprise Agreement 2017.

The Commission's approval of the agreement means that it will now become the legally binding enterprise agreement between Boral Resources (WA) Ltd and the Australian Manufacturing Workers’ Union, and will apply to the employees covered by the agreement. The approval ensures that the terms and conditions of employment are fair and reasonable, and provides certainty and stability for both the employer and the employees.

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