Boral Transport Limited

[2013] FWCA 8408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Transport Limited
(AG2013/9707)

BORAL TRANSPORT LIMITED NSW ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 OCTOBER 2013

Application for approval of the Boral Transport Limited NSW Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Transport Limited NSW 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 Company). The agreement is a single-enterprise agreement.

[2] On 21 October 2013 undertakings were provided by the Company’s Acting Regional Logistics Manager (NSW/ACT), Mr R Waghorn, in relation to Shift At-Work Allowances and Night Shift Drivers working on Sundays. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved Boral Transport Limited, which sought approval of its 2013 New South Wales Enterprise Agreement. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which is responsible for making such decisions.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the requisite minimum entitlements for employees, and whether it had been properly negotiated. Additionally, the Commission considered whether the agreement complied with the procedural requirements set out in the Act, including the necessity for proper notice and opportunity for consultation with relevant parties.

The Fair Work Commission examined the evidence and submissions presented by the parties, assessing the negotiation process and the content of the agreement against the statutory standards. The Commission determined that the agreement was made in good faith, met the minimum entitlements, and adhered to the procedural requirements. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with the relevant legal standards.

The final orders of the Commission were to approve the Boral Transport Limited NSW Enterprise Agreement 2013, effective from the date of the decision. This approval validated the agreement as a binding instrument under the Fair Work Act, allowing it to govern the employment terms and conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established