Boral Construction Materials Group Ltd

[2014] FWCA 6984

[2014] FWCA 6984

The attached document replaces the document previously issued with the above code on 3 October 2014.

The document is corrected as follows;

• The word “Award” is replaced with “Agreement” in the preamble to the decision.

Associate to Commissioner Lee

Dated 15 October 2014

[2014] FWCA 6984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Construction Materials Group Ltd
(AG2014/7029)

BORAL TASMANIAN CONCRETE & QUARRIES ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 3 OCTOBER 2014

Application for approval of the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2014 (the Agreement). The application was made by Boral Construction Materials Group Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The consultation provision at clause 7.3 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[5] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[6] Subject to the model consultation term applying and the undertaking 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.

[7] The Australian Workers’ Union 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 the organisation.

[8] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 10 October 2014. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Annexure A:

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