Boral Resources (Country) Pty Limited T/A Boral

[2022] FWCA 1510

[2022] FWCA 1510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (Country) Pty Limited T/A Boral

(AG2022/1207)

Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2021

Quarrying industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 MAY 2022

Application for approval of the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement to be known as the Boral NSW & ACT Country Quarry Operators Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Boral Resources (Country) Pty Limited (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

1. The Australian Workers’ Union (AWU), 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.

Conclusion

1. 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.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2022. The nominal expiry date of the Agreement is 9 October 2023.

DEPUTY PRESIDENT

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