Boral Resources (Country) Pty. Ltd. T/A Boral Country

[2023] FWCA 2894

[2023] FWCA 2894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boral Resources (Country) Pty. Ltd. T/A Boral Country

(AG2023/2874)

BORAL NSW & ACT COUNTRY BATCH PLANT OPERATORS ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 7 SEPTEMBER 2023

Application for approval of the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Boral NSW & ACT Country Batch Plant Operators Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

1. The Agreement is approved and will operate from seven days of approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521434  PR766011>