Bitupave Ltd T/A Boral Asphalt, Australian Workers’ Union, The

Case •

[2023] FWCA 227

•

23 JANUARY 2023
[2023] FWCA 227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bitupave Ltd T/A Boral Asphalt, Australian Workers’ Union, The

(AG2022/5474)

BORAL ASPHALT NSW & ACT ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries

DEPUTY PRESIDENT BOYCE

SYDNEY, 23 JANUARY 2023

Application for approval of the Boral Asphalt NSW & ACT Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement to be known as the Boral Asphalt NSW & ACT Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bitupave Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 20 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Asphalt Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

  1. The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518966  PR749886>

Annexure A

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