Boral Window Systems Limited

[2014] FWCA 1429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Window Systems Limited
(AG2014/3666)

BORAL WINDOW SYSTEMS LTD (SHEPPARTON) AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 FEBRUARY 2014

Application for approval of the Boral Window Systems Ltd (Shepparton) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Window Systems Ltd (Shepparton) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Boral Window Systems Limited. 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] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 6 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The case involved Boral Window Systems Limited and its employees, with the Fair Work Commission (FWC) adjudicating on an application for the approval of the Boral Window Systems Ltd (Shepparton) Agreement 2013. The applicants sought to establish specific terms and conditions for the employees working at the Shepparton site, which included provisions for wages, hours of work, leave, and other employment-related matters. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and adequately covered the employees' interests.

The legal issues before the FWC were whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning that it provided a minimum safety net for the employees and was not detrimental to their overall conditions. Additionally, the FWC had to determine whether the agreement was consistent with the relevant award and whether it complied with the procedural requirements for making an enterprise agreement. It was also necessary to examine whether the agreement contained appropriate mechanisms for resolving disputes and whether it adhered to the good faith bargaining principles.

The FWC found that the proposed agreement met the BOOT criteria and provided for a minimum safety net that was better than or equal to the relevant award. The FWC noted that the agreement contained adequate provisions for wages, hours of work, leave, and other employment-related matters, which were consistent with the relevant award. The FWC also concluded that the agreement complied with the procedural requirements for making an enterprise agreement and contained appropriate mechanisms for resolving disputes. Furthermore, the FWC found that the agreement was made in good faith and was not contrary to public policy.

The FWC approved the Boral Window Systems Ltd (Shepparton) Agreement 2013, effective from the date of the decision. The approval ensures that the employees at the Shepparton site will benefit from the terms and conditions outlined in the agreement, providing them with a fair and reasonable set of employment terms. The FWC's decision reinforces the importance of adhering to the legislative framework when making enterprise agreements and the need for both parties to engage in good faith bargaining to reach a mutually beneficial outcome.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established