Boral Transport Ltd

[2017] FWCA 3738

[2017] FWCA 3738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Boral Transport Ltd
(AG2017/2733)

BORAL TRANSPORT LIMITED NSW ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER CAMBRIDGE	SYDNEY, 24 JULY 2017

Application for variation of the Boral Transport Limited NSW Enterprise Agreement 2016.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve of a variation of an enterprise agreement. The application has been made pursuant to s. 210 of the Fair Work Act 2009 (the Act). The application was made by Boral Transport Limited (the employer).

[2] The application seeks approval of a variation to the Boral Transport Limited NSW Enterprise Agreement 2016. (the Agreement).

[3] The application was lodged at Sydney on 7 July 2017. The application included a statutory declaration of Geoff Beattie dated 6 July 2017 (the declaration) made on behalf of the employer. The declaration stated that the variation to the Agreement was made on 6 July 2017.

[4] Therefore the application was made within the 14 day time limit set by subsection 210 (3) (a) of the Act.

[5] The application seeks approval of several variations to the Agreement, which include: the inclusion of a new Grade 5 Classification in Clause 16.1, and associated amendments in Tables 1, 2, 3 & 4 to include rates of pay and allowances for a Grade 5 driver; an amendment to Clause 39.7 to allow an Employee Non-Committee Member’s to attend Consultative Committee Meetings and the subsequent removal of Clause 39.8; the inclusion of Clause 45.8 to replace the Notation which previously appeared after Clause 45.7, which requires any arbitrated decision or other binding outcome to a dispute under this clause to be complaint with the Code for the Tendering and Performance of Building Work 2016; the removal of Clause 48 regarding the employer’s obligations regarding Individual Flexibility Arrangements; and the removal of Clause 52.7 regarding arrangements for Union Induction.

[6] The application for approval of a variation was listed for Hearing in Chambers before the Commission on 24 July 2017.

[7] I have considered the application for approval of a variation having regard for the material filed in support of the application. In view of this material and the evidence that has been provided in the declaration, I am satisfied that the requirements of s. 211 of the Act have been met.

[8] Consequently the variation of the Agreement is approved. In accordance with s. 216 of the Act the variation to the Agreement will come into operation on and from 24 July 2017.

COMMISSIONER

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