Boral Cement Limited

[2025] FWCA 1224

[2025] FWCA 1224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Cement Limited

(AG2025/784)

BORAL CEMENT LTD (NSW) ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 15 APRIL 2025

Application for approval of the Boral Cement Ltd (NSW) Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Boral Cement Ltd (NSW) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Cement Limited. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. I note that first year adult apprentices, if engaged under the Agreement, may receive a rate of pay which is less than that in the aligned modern award. However, clause 8.5(b)(ii) of the Agreement provides that ‘should the rate of pay referred to above be less than what is provided for within this agreement then the applicable rate from the modern award shall apply’. I am satisfied that this safeguard and other benefits provided by the Agreement will ensure employees remain better off overall.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Workers’ Union (AWU) and the Construction, Forestry and Maritime Employees Union (CFMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1 of the Agreement, will operate from 14 June 2025. The nominal expiry date of the Agreement is 15 April 2029.

COMMISSIONER

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Annexure A