Boral Transport Limited

[2014] FWCA 5907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Transport Limited
(AG2014/8645)

BORAL TRANSPORT LIMITED (TANKERS) LONG DISTANCE DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 27 AUGUST 2014

Application for approval of the Boral Transport Limited (Tankers) Long Distance Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Transport Limited (Tankers) Long Distance Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Transport Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia - NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2014. The nominal expiry date of the Agreement is 2 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Transport Limited, the Fair Work Commission was asked to consider the approval of the Boral Transport Limited (Tankers) Long Distance Drivers Enterprise Agreement 2013. The applicant, Boral Transport Limited, sought the approval of the agreement under the Fair Work Act 2009. The primary dispute centred on the terms of the proposed enterprise agreement, which aimed to govern the employment conditions of long-distance drivers employed by Boral Transport Limited.

The legal issues before the commission involved determining whether the agreement met the requirements for approval under the Fair Work Act, including whether the agreement provided for minimum terms and conditions of employment, whether it was made in good faith, and whether it was appropriately certified. Specifically, the commission needed to ensure the agreement contained adequate provisions for minimum wages, hours of work, leave entitlements, and other fundamental employment terms. Additionally, the commission had to assess if the agreement was certified by the Australian Building and Construction Commission, as required by the Fair Work Regulations 2009.

The commission examined the proposed agreement in detail, considering submissions from both the applicant and other relevant parties. It found that the agreement provided for appropriate minimum terms and conditions of employment and that it had been certified by the Australian Building and Construction Commission. The commission concluded that the agreement satisfied all the necessary criteria for approval under the Fair Work Act. Therefore, the commission approved the Boral Transport Limited (Tankers) Long Distance Drivers Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established