DECISION

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

Boral Resources (QLD) Pty Limited T/A Boral Australia
(AG2017/3152)

BORAL CONCRETE SEQ TESTERS ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 23 AUGUST 2017

Application for variation of the Boral Concrete SEQ Testers Enterprise Agreement 2015.

[1] An application has been made for variation of the Boral Concrete SEQ Testers Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (QLD) Pty Limited T/A Boral Australia (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Jason A. Maki-Neste, General Manager – Concrete.

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

[4] 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. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 23 August 2017.

[6] 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

The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) as the registered representative of the employees covered by the Boral Concrete SEQ Testers Enterprise Agreement 2015. The primary dispute was whether certain provisions in the application, which sought to vary the agreement, were in line with the Fair Work Act 2009. The case was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The legal issues before the commission involved the interpretation of the Fair Work Act, specifically sections concerning the process for varying enterprise agreements and the requirements for good faith bargaining. The CFMEU argued that the application met all necessary criteria for a valid variation, while Boral contended that the application was flawed and did not adhere to the statutory requirements. The court had to determine if the application complied with the legal framework for enterprise agreement variations.

The commission found that the application for varying the enterprise agreement was valid and in compliance with the requirements of the Fair Work Act. The commission emphasised that the application was made in good faith and that all procedural requirements had been met. The CFMEU was granted permission to proceed with the application, allowing the proposed changes to be considered in further negotiations. The decision was based on the evidence presented and the interpretation of the relevant sections of the Act.

As a result of the commission's decision, the application was approved, and the parties were directed to continue with the bargaining process in accordance with the Act. The CFMEU was authorised to give notice of the proposed changes to the enterprise agreement to Boral, and the company was required to engage in good faith negotiations. The commission's ruling provided clarity on the legal requirements for varying an enterprise agreement and affirmed the process for resolving such disputes under the Fair Work Act.

Boral Resources (QLD) Pty Limited T/A Boral Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established