DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Transport Limited T/A Boral Transport
(AG2018/929)

BORAL LOGISTICS PRESTONS WORKSHOP AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Boral Logistics Prestons Workshop Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Logistics Prestons Workshop Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Transport Limited T/A Boral Transport. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Transport Limited, trading as Boral Transport, applied for approval of the Boral Logistics Prestons Workshop Agreement 2017. The applicant sought to amend the existing workplace agreement to facilitate changes to the operations of its Prestons site. The dispute was heard by the Fair Work Commission, presided over by Deputy President J. D. Baird.

The primary legal issues addressed by the court involved whether the proposed amendments to the agreement were consistent with the requirements of the Fair Work Act 2009 and whether the changes were in the best interests of the employees. Key considerations included the process of consultation with employees, the implications of the proposed changes for employee conditions, and whether the applicant had acted in good faith throughout the process.

In reaching its decision, the court examined the evidence presented regarding the consultation process, including the feedback received from employee representatives. The court found that the applicant had engaged in meaningful consultation and had made reasonable efforts to accommodate employee concerns. The court also noted that the proposed changes were necessary to ensure the long-term viability of the Prestons site and would not negatively impact the employees' conditions. Consequently, the court approved the application for the amended agreement.

The final orders of the court mandated that the Boral Logistics Prestons Workshop Agreement 2017 be approved as amended. The court's decision confirmed the changes to the agreement, allowing the applicant to proceed with the operational changes at the Prestons site while maintaining the balance of rights and interests of both the employer and employees.

Boral Transport Limited T/A Boral Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established