Bitupave Ltd T/A Boral Asphalt

[2020] FWCA 743

[2020] FWCA 743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bitupave Ltd T/A Boral Asphalt
(AG2019/5169)

BORAL ASPHALT NSW & ACT ENTERPRISE AGREEMENT 2019

Asphalt industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Boral Asphalt NSW & ACT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral Asphalt NSW & ACT Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bitupave Ltd T/A Boral Asphalt (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that clause 51.2 of the Agreement regarding public holidays is likely to be inconsistent with the National Employment Standards (NES), insofar as it is confined to full time employees only. However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian 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 20 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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<AE507069  PR716653>