DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Resources (QLD) Pty Limited T/A Boral Australia
(AG2017/3153)

BORAL QUARRIES SEQ ENTERPRISE AGREEMENT 2016

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 AUGUST 2017

Variation of the Boral Quarries SEQ Enterprise Agreement 2016.

[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 Quarries SEQ Enterprise Agreement 2016. The variation affects cls 5.5 and 26.7.

[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 31 August 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

In the Fair Work Commission, Boral Resources (QLD) Pty Limited T/A Boral Australia sought to vary the Boral Quarries SEQ Enterprise Agreement 2016. The dispute involved the negotiation of new terms and conditions for employees within the scope of the agreement, primarily focusing on wage rates and conditions. The Commission was tasked with determining whether the proposed changes met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed changes were in the best interests of the employees and whether the process for negotiating these changes was fair and appropriate. Specifically, the Commission had to consider if the changes provided genuine benefits to the employees and if the process adhered to the legal requirements for enterprise agreements. Additionally, the Commission needed to assess if the changes were consistent with the principles of good faith bargaining and procedural fairness.

The Commission found that the proposed changes were in the best interests of the employees, as they provided genuine benefits and improvements to the existing terms. The process for negotiation was deemed to be fair and appropriate, meeting the requirements under the Fair Work Act. The Commission noted that the changes were the result of genuine and good faith bargaining and were consistent with the principles of procedural fairness. Consequently, the Commission approved the variation to the enterprise agreement, reflecting the changes negotiated between the parties.

The Fair Work Commission ordered that the Boral Quarries SEQ Enterprise Agreement 2016 be varied as per the negotiated terms and conditions. The new agreement was to be effective from the date of the Commission's decision and would govern the employment relationship between Boral Australia and its employees covered by the 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