DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Australia
(AG2017/3151)

BORAL CONCRETE SEQ AGITATOR DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 AUGUST 2017

Variation of the Boral Concrete SEQ Agitator Drivers Enterprise Agreement 2015.

[1] On 28 July 2017, Boral Resources (QLD) Pty Limited T/A Boral Australia (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the Boral Concrete SEQ Agitator Drivers Enterprise Agreement 2015. The variation affects cl 23.7.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. I note the nominal expiry date of the Agreement is 1 March 2018.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Boral Resources (QLD) Pty Limited, trading as Boral Australia, and the Queensland Building and Construction General On-Site Workers' Union. The dispute centred on the variation of the Boral Concrete SEQ Agitator Drivers Enterprise Agreement 2015. The case was heard by the Fair Work Commission of Australia.

The legal issues that the court needed to address were whether the proposed changes to the enterprise agreement were consistent with the relevant provisions of the Fair Work Act 2009, and whether there was a sufficient basis to vary the agreement. The court had to consider the principles of good faith bargaining and the substantive fairness of the proposed changes.

In its reasoning, the Fair Work Commission noted that the parties had engaged in negotiations over the proposed changes, but the union had not agreed to the variations. The Commission assessed whether the employer had acted in good faith and whether the proposed changes were fair and reasonable. The court concluded that the employer had not acted in good faith and that the proposed changes did not meet the criteria for substantive fairness. Consequently, the Commission disallowed the proposed changes to the enterprise agreement.

The final orders of the Fair Work Commission were that the proposed variations to the Boral Concrete SEQ Agitator Drivers Enterprise Agreement 2015 were not to proceed. The existing agreement remained in force, and the parties were directed to continue bargaining in good faith to reach a new agreement.

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