Boral Transport Limited

[2025] FWCA 1355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Transport Limited

(AG2025/1007)

BORAL TRANSPORT LIMITED NSW TIPPER ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 24 APRIL 2025

Application for approval of the Boral Transport Limited NSW Tipper Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Boral Transport Limited NSW Tipper Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Boral Transport Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Boral Transport Limited and the application for the approval of the Boral Transport Limited NSW Tipper Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The application for approval arose from negotiations between Boral Transport Limited and its employees represented by the Transport Workers Union of Australia.

The key legal issues before the Commission were whether the proposed agreement provided for the safety, health, and welfare of employees, and whether it contained provisions that were contrary to public policy. The Commission also had to consider whether the agreement provided for the proper operation of the enterprise, and whether it met the requirement of being a good faith bargaining outcome. Additionally, the Commission assessed if the agreement contained provisions that were necessary to facilitate the efficient operation of the enterprise.

The Fair Work Commission found that the proposed agreement provided for the safety, health, and welfare of employees and did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement contained provisions that facilitated the proper operation of the enterprise and was a product of good faith bargaining. After careful consideration, the Commission concluded that the agreement met all necessary requirements for approval under the Fair Work Act 2009. Consequently, the Commission approved the Boral Transport Limited NSW Tipper Enterprise Agreement 2024.

The final orders of the Commission were that the Boral Transport Limited NSW Tipper Enterprise Agreement 2024 be approved as a registered agreement under section 184 of the Fair Work Act 2009. The agreement was to be registered by the Commission and would have effect from the date of registration. The decision was binding on all parties covered by the agreement, and the Commission's approval was final and conclusive.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established