DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Resources (WA) Limited T/A Boral
(AG2017/2742)

BORAL ASPHALT WESTERN AUSTRALIA ASPHALT WORKERS’ ENTERPRISE AGREEMENT 2016

Asphalt industry
COMMISSIONER WILLIAMS	PERTH, 25 JULY 2017

Application for variation of the Boral Asphalt Western Australia Asphalt Workers’ Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of the Boral Asphalt Western Australia Asphalt Workers’ Enterprise Agreement 2016 (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.

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

Boral Resources (WA) Limited, trading as Boral, applied to the Fair Work Commission for a variation of the Boral Asphalt Western Australia Asphalt Workers’ Enterprise Agreement 2016. The application was opposed by the Australian Workers’ Union. The central dispute involved the changes proposed by Boral to the enterprise agreement, particularly focusing on alterations to the work arrangements and the implications these changes had on the employees' conditions.

The legal issues before the court required a careful examination of whether the proposed changes were necessary for the business operations of Boral and whether the changes were fair and reasonable in the context of the existing enterprise agreement. The court also had to consider the implications of the changes on the employees' working conditions and the balance of power between the employer and the employees as outlined in the Fair Work Act 2009.

In its decision, the Fair Work Commission acknowledged the need for flexibility in the workplace to accommodate the changing business environment. The court found that the proposed changes were necessary for Boral to remain competitive and viable in the asphalt industry. The Commission emphasised that the changes must be fair and reasonable, taking into account the interests of both the employer and the employees. After weighing the evidence and arguments presented by both parties, the court ruled that the proposed variations were justified and in the best interest of both parties. The Commission approved the application for variation, thereby allowing the changes to the enterprise agreement to proceed.

The final orders included the approval of the variation to the Boral Asphalt Western Australia Asphalt Workers’ Enterprise Agreement 2016, with specific modifications to the work arrangements as proposed by Boral. The decision was made effective from the date of the Commission's ruling, and both parties were directed to implement the changes in accordance with the new agreement.

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