Boral Cement Limited

[2021] FWCA 437

[2021] FWCA 437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Cement Limited
(AG2020/3882)

BORAL CEMENT LIMITED DEPOT OPERATORS ENTERPRISE AGREEMENT, 2020

Quarrying industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 FEBRUARY 2021

Application for approval of the Boral Cement Limited Depot Operators Enterprise Agreement, 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Boral Cement Limited Depot Operators Enterprise Agreement, 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Boral Cement Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 12 January 2021. 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 Cement, Lime and Quarrying Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A