DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Transport Limited
(AG2015/1305)

BORAL LOGISTICS PRESTON’S WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Boral Logistics Preston’s Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Logistics Preston’s Workshop Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Boral Transport Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Transport Limited was the subject of an application for the approval of the Boral Logistics Preston’s Workshop Agreement 2014, which was brought before the Fair Work Commission. The dispute arose from the negotiation of an enterprise agreement between the employer and the employees, with the aim of resolving various industrial issues. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions as required by the Fair Work Act, and whether it had been fairly negotiated. The Commission also needed to determine if the agreement was in the best interests of the employees and if it provided for the resolution of any existing disputes. The negotiation process and the contents of the agreement were examined to ensure that they aligned with the statutory provisions and the principles of good faith bargaining.

The Commission found that the Boral Logistics Preston’s Workshop Agreement 2014 was appropriately negotiated and contained all the necessary mandatory terms. The agreement was considered to be in the best interests of the employees, providing them with protections and benefits that met the statutory requirements. The Commission approved the agreement, noting that it addressed the industrial issues in a fair and balanced manner. Consequently, the application was successful, and the agreement was registered under the Fair Work Act.

The Fair Work Commission approved the Boral Logistics Preston’s Workshop Agreement 2014, finding it to be fairly negotiated and in the best interests of the employees. The agreement was registered, and the dispute was resolved in favour of the employer.

Boral Transport Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established