Boton Conveyor Services T/A Boton Conveyor Services Summary

[2025] FWCA 651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boton Conveyor Services T/A Boton Conveyor Services

(AG2024/5287)

BOTON CONVEYOR SERVICES PTY LTD ENTERPRISE AGREEMENT 2025

Mining industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 19 FEBRUARY 2025

Application for approval of the Boton Conveyor Services Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Boton Conveyor Services Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boton Conveyor Services T/A Boton Conveyor Services (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 September 2023 and the Agreement was made on 15 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings (Annexure A). I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2025. The nominal expiry date of the Agreement is 19 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Boton Conveyor Services T/A Boton Conveyor Services applied for the approval of an enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement complied with the legal requirements set out in the Act. The applicant, Boton Conveyor Services, sought to formalise the terms and conditions of employment for its employees, including wage rates, working hours, and other employment-related matters.

The legal issues before the court involved assessing whether the proposed agreement met the criteria for approval under section 233 of the Fair Work Act. This included verifying that the agreement had been made in good faith, that it provided for the proper determination of terms and conditions of employment, and that it did not discriminate against any group of employees. The court also had to consider whether the agreement was consistent with the safety net provisions of the Act and whether it provided for appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission carefully reviewed the provisions of the proposed agreement. It found that the agreement was made in good faith and provided for the proper determination of terms and conditions of employment. The Commission confirmed that the agreement did not discriminate against any group of employees and that it was consistent with the safety net provisions of the Act. Additionally, the Commission noted that the agreement included appropriate mechanisms for resolving disputes between the parties. Based on these findings, the Commission approved the Boton Conveyor Services Pty Ltd Enterprise Agreement 2025.

The Fair Work Commission ordered the approval of the enterprise agreement, with the terms and conditions set out in the agreement to apply to the employees of Boton Conveyor Services from the date of approval. This decision effectively formalised the employment terms for the employees, ensuring they were legally binding and enforceable under the Fair Work Act.

Boton Conveyor Services T/A Boton Conveyor Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established