Boral Transport Limited Summary

[2019] FWCA 6792

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Boral Transport Limited

(AG2019/3395)

Boral Transport Limited NSW Enterprise Agreement 2019

Road transport industry
Deputy President Colman	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Boral Transport Limited NSW Enterprise Agreement 2019

Boral Transport Limited has made an application for approval of an enterprise agreement known as the Boral Transport Limited NSW Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 3 October 2019 and, in accordance with s 54, will operate from 10 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Transport Limited sought approval for the NSW Enterprise Agreement 2019 under the Fair Work Act 2009. The dispute arose between the company and its employees represented by the Transport Workers Union of Australia. The Fair Work Commission was the tribunal tasked with reviewing and approving the agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement met the "better off overall test" (BOOT), ensuring that no employee would be worse off financially under the new terms compared to their previous conditions. Additionally, the Commission needed to assess whether the agreement contained all mandatory provisions required by law and whether the bargaining process was conducted fairly and in good faith.

In its decision, the Commission found that the agreement did meet the BOOT, with employees being better off overall financially. The Commission also confirmed that all mandatory provisions were included in the agreement. Furthermore, the Commission was satisfied that the bargaining process was conducted in good faith and that all parties had an opportunity to be heard. As a result, the Commission approved the Boral Transport Limited NSW Enterprise Agreement 2019.

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