DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Resources (WA) Limited T/A Boral
(AG2017/2885)

BORAL ASPHALT WESTERN AUSTRALIA, SPRAY DRIVERS’ ENTERPRISE AGREEMENT 2013

Asphalt industry
COMMISSIONER WILLIAMS	PERTH, 26 JULY 2017

Application for variation of the Boral Asphalt Western Australia, Spray Drivers’ Enterprise Agreement 2013.

[1] An application has been made for approval of a variation of the Boral Asphalt Western Australia, Spray Drivers’ Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Boral Resources (WA) Limited T/A Boral. A list of proposed changes is attached to this decision as Attachment A.

[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 and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Boral Resources (WA) Limited, trading as Boral, to vary the Boral Asphalt Western Australia, Spray Drivers’ Enterprise Agreement 2013. The application sought changes to the shift patterns for employees engaged in spray driving roles, aiming to address operational efficiency and economic viability issues. The respondents to the application were the United Voice WA and the Australian Workers' Union, representing the affected employees. The Commission was tasked with determining whether the proposed changes were justified and whether they met the criteria for a certified agreement variation.

The central legal issue before the Commission was whether the proposed shift pattern changes could be justified under the Fair Work Act 2009. Specifically, the Commission needed to assess if the changes were necessary to avoid a significant detriment to the business of Boral and whether the changes were procedurally fair. The Commission also had to consider the impact of the proposed changes on the employees and whether there were any alternative arrangements that could achieve the same business outcomes without imposing significant detriment on the employees.

In its decision, the Commission considered the evidence presented by both parties regarding the operational challenges faced by Boral and the potential impact of the proposed changes on the employees. The Commission found that the changes were necessary to ensure the economic viability of Boral's operations and that the proposed shift patterns were designed to address specific operational needs. The Commission also found that the proposed changes did not impose an unacceptable level of detriment on the employees and that alternative arrangements were not feasible. Accordingly, the Commission approved the variation of the enterprise agreement to include the new shift patterns.

The Fair Work Commission ordered that the Boral Asphalt Western Australia, Spray Drivers’ Enterprise Agreement 2013 be varied to include the proposed shift pattern changes as set out in the application. The changes were to come into effect on the date specified in the application and were subject to the usual rights of employees to be consulted and to object to the variation.

Boral Resources (WA) Limited T/A Boral

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established