Boral Resources (Country) Pty Limited

[2013] FWCA 129

[2013] FWCA 129

FAIR WORK COMMISSION

DECISION

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

Boral Resources (Country) Pty Limited
(AG2012/13144)

BORAL NSW & ACT COUNTRY BATCH PLANT OPERATORS ENTERPRISE AGREEMENT 2012

Cement and concrete products
COMMISSIONER BULL	SYDNEY, 9 JANUARY 2013

Application for approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The employees covered by the Agreement are those employees classified in accordance with the Agreement as specified in clause 23 to principally work in a Boral Country Batch Plant. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, 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 that organisation.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 16 January 2013. The nominal expiry date of the Agreement is 8 October 2015.

COMMISSIONER

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