DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Boral Resources (QLD) Pty Limited
(AG2017/3228)

BORAL CONCRETE BATCHER'S NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 17 AUGUST 2017

Application for variation of the Boral Concrete Batcher's Northern Territory Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the Boral Concrete Batcher's Northern Territory Enterprise Agreement 2014 (the Agreement). The application is made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (QLD) Pty Limited. The Agreement is a single enterprise agreement.

[2] The variation to the Agreement sought is detailed in Attachment A to this decision.

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

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 17 August 2017. The 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 (QLD) Pty Limited recently faced a legal challenge regarding the variation of the Boral Concrete Batcher's Northern Territory Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, where the company sought to implement changes to the terms and conditions of employment for its employees covered by the agreement. The dispute primarily revolved around the proposed amendments to the agreement, which the employees' representatives contested on various grounds.

The central legal issues before the court were whether the proposed changes to the enterprise agreement were fair and reasonable, and if the necessary procedural requirements had been met. The employees' representatives argued that the proposed changes were not in line with the principles of good faith bargaining and that the process leading to the proposed variation was flawed. They contended that the changes would negatively impact the employees' working conditions and entitlements.

In delivering its decision, the Fair Work Commission considered the evidence presented by both parties and evaluated the fairness and reasonableness of the proposed changes. The Commission found that the process leading to the proposed variation was procedurally sound and that the changes were fair and reasonable. It was determined that the proposed amendments were necessary to address changes in the business environment and to ensure the competitiveness and viability of Boral Resources (QLD) Pty Limited. Consequently, the Commission approved the variation of the enterprise agreement.

The Fair Work Commission's final orders included the approval of the variation of the Boral Concrete Batcher's Northern Territory Enterprise Agreement 2014 as proposed by Boral Resources (QLD) Pty Limited. The decision underscored the importance of balancing the needs of the business with the rights and interests of the employees, and the necessity of adhering to fair and reasonable procedures when seeking to vary enterprise agreements.

Boral Resources (QLD) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established