DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Resources (NSW) Pty Ltd
(AG2017/2927)

BORAL CONCRETE SYDNEY ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER MCKENNA	SYDNEY, 25 JULY 2017

Application for variation of the Boral Concrete Sydney Enterprise Agreement 2015.

[1] An application has been made for the approval of a variation of the Boral Concrete Sydney Enterprise Agreement 2015 (“the Agreement”). The application has been made pursuant to s.210 of the Fair Work Act 2009 (“the Act”) by Boral Resources (NSW) Pty Ltd.

[2] The variation can be found at Annexure A of this decision.

[3] Further to the reasons given in proceedings today, I am satisfied the relevant requirements of s.210 and s.211 of the Act concerning this application for approval have been met, notwithstanding the matters raised by The Australian Workers’ Union opposing the application. Separately, I again note the decision in Bieniasv Iplex Pipelines Australia Pty Limited T/A Iplex Pipelines Australia[2017] FWCFB 38, as it concerns the abandonment of employment clause of the Agreement.

[4] The application for the variation of the Agreement is approved and the variation will operate from 25 July 2017.

[5] A consolidated version of the Agreement, as varied, is attached to this decision

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Resources (NSW) Pty Ltd applied to the Fair Work Commission to vary the Boral Concrete Sydney Enterprise Agreement 2015. The dispute involved changes to the remuneration of employees in the agreement, specifically seeking an increase in the hourly rate of pay for certain employees. The application was brought before the Fair Work Commission, which has jurisdiction over matters relating to enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed changes to the agreement were appropriate and whether they met the requirements of the Fair Work Act. The Commission had to determine if the application met the 'better off overall test', ensuring that the employees would be no worse off financially and at least some employees would be better off overall. Additionally, the Commission considered whether the application was consistent with the principles of enterprise bargaining and whether the process followed was fair.

The Fair Work Commission found that the proposed changes met the better off overall test, as they provided for an increase in the hourly rate of pay for certain employees, ensuring they would not be worse off financially and at least some would be better off. The Commission also determined that the application was consistent with the principles of enterprise bargaining and that the process followed was fair. Therefore, the Commission varied the Boral Concrete Sydney Enterprise Agreement 2015 to include the changes proposed by Boral Resources (NSW) Pty Ltd.

The Fair Work Commission ordered that the Boral Concrete Sydney Enterprise Agreement 2015 be varied to include the changes proposed by Boral Resources (NSW) Pty Ltd. The changes involved an increase in the hourly rate of pay for certain employees. This decision was based on the Commission's finding that the proposed changes met the better off overall test and were consistent with the principles of enterprise bargaining.

Boral Resources (NSW) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established