Boral Cement Limited T/A Boral Cement

[2018] FWCA 6407

[2018] FWCA 6407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Cement Limited T/A Boral Cement
(AG2018/5117)

BORAL CEMENT LTD (NSW) ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 17 OCTOBER 2018

Application for approval of the Boral Cement Ltd (NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Ltd (NSW) Enterprise Agreement 2018 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); Australian Workers’ Union (AWU); Communications, Electrical, Electronic, Energy, Information, Postal, plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the Organisations.

[4] The Fair Work Commission (FWC) received correspondence dated 15 October 2018, which included further material in support of the application together with Undertakings made by and duly signed by Mr Frank Murnane Plant Manager (Maldon), pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Undertaking