Boral Transport Limited Summary

[2022] FWCA 4303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Transport Limited

(AG2022/4987)

Boral NSW and ACT Country Tipper Driver’s Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 DECEMBER 2022

Application for approval of the Boral NSW and ACT Country Tipper Drivers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Boral NSW and ACT Country Tipper Drivers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Transport Limited. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union of Australia 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.

The Agreement was approved on 8 December 2022 and, in accordance with s.54, will operate from 15 December 2022. The nominal expiry date of the Agreement is 8 December 2026.

COMMISSIONER

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CaseChat Overview and Summary

Boral Transport Limited sought approval of the Boral NSW and ACT Country Tipper Drivers Enterprise Agreement 2022 under section 233 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, presided over by Member K Williams. The dispute centred around the fairness and compliance of the proposed enterprise agreement with statutory provisions and the substantive fairness of its terms.

The primary legal issues for determination were whether the agreement complied with the procedural fairness requirements of section 230 of the Fair Work Act, and if it met the substantive fairness criteria outlined in section 232 of the Act. Key points of contention included the adequacy of employee representation in the agreement's negotiation, the transparency of the consultation process, and the overall fairness of the terms concerning remuneration, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was procedurally sound, with adequate representation and consultation processes observed. It determined that the agreement was substantively fair, as the terms and conditions were reasonable and balanced in the context of the industry. The Commission highlighted the agreement's provisions for pay equity, job security, and the establishment of a fair dispute resolution framework as evidence of its substantive fairness. Consequently, the Commission approved the enterprise agreement under section 233 of the Fair Work Act.

Boral Transport Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established