Boral Montoro Pty Ltd T/A Boral

[2020] FWCA 1463

[2020] FWCA 1463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Montoro Pty Ltd T/A Boral
(AG2020/530)

BORAL ROOFING SPRINGVALE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 MARCH 2020

Application for approval of the Boral Roofing Springvale Enterprise Agreement 2019.

[1] Boral Montoro Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Boral Roofing Springvale Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 March 2020 and, in accordance with s 54, will operate from 25 March 2020. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

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Annexure A