Boral Cement Limited
[2023] FWCA 197
•19 JANUARY 2023
| [2023] FWCA 197 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Cement Limited
(AG2022/5357)
BORAL CEMENT LIMITED KOORAGANG EMPLOYEES ENTERPRISE AGREEMENT 2022
| Cement and concrete products | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 19 JANUARY 2023 |
Application for approval of the Boral Cement Limited Kooragang Employees Enterprise Agreement 2022.
Boral Cement Limited (the Employer) has made an application for the approval of the Boral Cement Limited Kooragang Employees Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 AWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 1 November 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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