Boral Resources (Country) Pty Ltd

[2021] FWCA 3856

[2021] FWCA 3856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Country) Pty Ltd
(AG2021/5441)

BORAL CADIA VALLEY OPERATIONS CONCRETE ENTERPRISE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT EASTON	SYDNEY, 2 JULY 2021

Application for approval of the Boral Cadia Valley Operations Concrete Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cadia Valley Operations Concrete Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (Country) Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that 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, I am satisfied that each of the relevant requirements of ss.186, 187, 188 and 190 have been met.

[4] However, noting the undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2021. The nominal expiry date of the Agreement is 9 July 2022.

DEPUTY PRESIDENT

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Annexure A