DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bitupave Ltd T/A Boral Asphalt
(AG2017/4801)

BORAL ASPHALT NSW & ACT ENTERPRISE AGREEMENT 2016

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 NOVEMBER 2017

Application for variation of the Boral Asphalt NSW & ACT Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Boral Asphalt NSW & ACT Enterprise Agreement 2016 (the Agreement). The application was made by Bitupave Ltd T/A Boral Asphalt pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 6 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bitupave Ltd, trading as Boral Asphalt, applied to the Fair Work Commission for a variation of the Boral Asphalt NSW & ACT Enterprise Agreement 2016. The application was made under section 236 of the Fair Work Act 2009, seeking to alter the terms and conditions of employment for certain employees within the company. The applicants argued that changes in the business environment necessitated amendments to the enterprise agreement to remain competitive and operationally efficient.

The legal issues before the Commission included whether the proposed changes were necessary for the company to adapt to significant changes in its business environment and whether the changes were fair and reasonable in the context of the existing enterprise agreement. The Commission also had to consider the impact of the proposed changes on the employees, including whether the changes were necessary to ensure the long-term viability of the business and whether they provided adequate protections for the affected employees.

In its decision, the Commission found that the applicants had demonstrated that there had been significant changes in the business environment which warranted amendments to the enterprise agreement. The Commission accepted that the proposed changes were necessary to ensure the long-term viability of the business and that they provided adequate protections for the affected employees. The Commission concluded that the changes were fair and reasonable and granted the application for variation of the enterprise agreement. The new terms will come into effect from the date of the decision and will apply to the specified employees within the company.

Bitupave Ltd T/A Boral Asphalt

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established