DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Resources (WA) Ltd T/A Boral Concrete
(AG2017/3934)

BORAL CONCRETE WESTERN AUSTRALIA, CONCRETE BATCHERS’ ENTERPRISE AGREEMENT 2014

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 OCTOBER 2017

Application for variation of the Boral Concrete Western Australia, Concrete Batchers’ Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the Boral Concrete Western Australia, Concrete Batchers’ Enterprise Agreement 2014 (the Agreement). The application was made by Boral Resources (WA) Ltd T/A Boral Concrete pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 17 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Boral Resources (WA) Ltd, trading as Boral Concrete, sought a variation of the Boral Concrete Western Australia, Concrete Batchers’ Enterprise Agreement 2014. The application was heard by the Fair Work Commission. The primary issue for the Commission was whether the proposed changes to the enterprise agreement were consistent with the requirements of the Fair Work Act 2009, particularly in relation to the protections afforded to employees under the Act.

The Commission considered whether the proposed changes were necessary for the business to remain viable, and if they were fair and reasonable in all the circumstances. Boral argued that the changes were essential to maintain competitiveness and avoid potential job losses. The union representing the employees opposed the changes, asserting that they would detrimentally impact employee conditions and job security. The Commission analysed the evidence provided by both parties and assessed the economic and operational context in which the changes were proposed.

After a thorough examination, the Commission determined that the proposed variations were fair and reasonable. It found that the changes were necessary for the continued viability of Boral’s business operations in the Western Australian concrete industry. The Commission emphasised the importance of maintaining a balance between the interests of the employer and the rights of employees, and concluded that the proposed changes did not unfairly disadvantage the employees. The application was therefore approved, and the enterprise agreement was varied as sought by Boral.

Boral Resources (WA) Ltd T/A Boral Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established