Boral Transport Ltd Summary

[2013] FWCA 5458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Transport Ltd
(AG2013/2213)

BORAL TRANSPORT LIMITED HUNTER REGION TIPPER AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 8 AUGUST 2013

Application for approval of the Boral Transport Limited Hunter Region Tipper Agreement 2013.

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

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

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 August 2013. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Transport Limited sought approval for the Boral Transport Limited Hunter Region Tipper Agreement 2013 from the Fair Work Commission. The application was contested by the Transport Workers Union. The agreement sought to cover employees within the Hunter region who operate tipper trucks. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether it provided for appropriate protections and conditions for the employees.

The legal issues before the court included whether the agreement was a "single interest" enterprise agreement and whether it provided for appropriate mechanisms for the resolution of disputes. The court also had to consider if the agreement complied with the provisions of the Fair Work Act concerning minimum terms and conditions, such as those related to pay rates, working hours, and leave entitlements. Furthermore, the court needed to assess if the agreement adequately protected employees' rights and interests.

The Fair Work Commission found that the agreement was a single interest enterprise agreement and was appropriately structured to cover the specified employees. The court determined that the agreement provided sufficient mechanisms for the resolution of disputes and met all statutory requirements under the Fair Work Act. The Commission also concluded that the agreement set out minimum terms and conditions that were fair and reasonable, providing adequate protections and benefits to the employees. Consequently, the application for approval was granted.

The Commission ordered the approval of the Boral Transport Limited Hunter Region Tipper Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the provisions would apply to the employees within the Hunter region who operate tipper trucks. The decision provided clarity and certainty for both Boral Transport Limited and the Transport Workers Union regarding the terms and conditions of employment under the agreement.

Boral Transport Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established