DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boral Transport Limited
(AG2019/4763)

BORAL TRANSPORT LIMITED NSW ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2019

Application for variation of the Boral Transport Limited NSW Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Boral Transport Limited NSW Enterprise Agreement 2019 (the Agreement). The application was made by Boral Transport Limited 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] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 18 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Transport Limited recently appeared before the Fair Work Commission to seek a variation of the Boral Transport Limited NSW Enterprise Agreement 2019. The application was made by Boral Transport Limited, seeking changes to the existing enterprise agreement which governs the terms and conditions of employment for its workers in New South Wales. The dispute centred around several proposed amendments, including adjustments to shift patterns, overtime, and rostering provisions, which Boral argued were necessary to enhance operational efficiency and flexibility.

The central legal issues before the Commission were whether the proposed variations were necessary and reasonable, and whether they complied with the statutory requirements under the Fair Work Act 2009. The Commission had to assess if the changes would adversely affect the employees and whether any adverse effects were outweighed by the benefits to the employer and the broader workforce. Additionally, the Commission considered whether the process followed in proposing and negotiating the variations was fair and in accordance with the principles of good faith bargaining.

The Fair Work Commission concluded that the proposed variations were necessary and reasonable, taking into account the operational needs of Boral Transport Limited and the need for flexibility in the workforce. The Commission found that while there would be some adverse effects on employees, these were outweighed by the benefits to the employer and the broader workforce. The Commission also determined that the bargaining process adhered to the principles of good faith and that the variations did not undermine the fundamental rights of the employees. Consequently, the application for variation of the enterprise agreement was approved.

The Commission's decision resulted in several changes to the existing enterprise agreement, including modifications to shift patterns, overtime arrangements, and rostering provisions. These changes are now part of the Boral Transport Limited NSW Enterprise Agreement 2019, effective from the date of the Commission's decision. The decision underscores the importance of balancing the needs of employers with the rights and interests of employees in enterprise agreements.

Boral Transport Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established