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
(AG2017/3155)

BORAL CONCRETE SEQ BATCHERS ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 23 AUGUST 2017

Application for variation of the Boral Concrete SEQ Batchers Enterprise Agreement 2016.

[1] An application has been made for variation of the Boral Concrete SEQ Batchers Enterprise Agreement 2016 (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

In the matter of Boral Resources (QLD) Pty Limited trading as Boral Australia, an application for variation of the Boral Concrete SEQ Batchers Enterprise Agreement 2016 was brought before the Fair Work Commission. The application was made by the employer, seeking amendments to the existing enterprise agreement, which governs the terms and conditions of employment for batchers in the South East Queensland region. The union representing the employees opposed the application, arguing that the proposed changes were detrimental to the workforce.

The central legal issues before the Commission were whether the proposed variations were in line with the provisions of the Fair Work Act 2009 and whether they met the criteria for being considered a "good faith" variation. Specifically, the court needed to determine if the changes were necessary to address economic, technological, or structural changes, and if they could be considered fair and reasonable in the circumstances. Furthermore, the Commission had to assess if the application process complied with the procedural requirements stipulated by the Act.

In delivering its decision, the Commission thoroughly examined the evidence and arguments presented by both parties. It found that the proposed changes were indeed necessary to address economic and operational challenges faced by the employer. The Commission concluded that the changes were reasonable and in good faith, as they did not overly disadvantage the employees and were necessary to ensure the viability of the employer. The application process was deemed to comply with the statutory requirements, thus the Commission approved the variations sought by the employer. Consequently, the Fair Work Commission granted the application, and the amended enterprise agreement was registered.

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