Boral Resources (NSW) Pty Ltd

Case

[2022] FWCA 1148

4 APRIL 2022


[2022] FWCA 1148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd

(AG2022/874)

Boral NSW Metro Quarries Depot Enterprise Agreement 2020

Quarrying industry

DEPUTY PRESIDENT BELL

MELBOURNE, 4 APRIL 2022

Application for the approval of the Boral NSW Metro Quarries Depot Enterprise Agreement 2020.

  1. An application has been made for approval of an enterprise agreement known as the Boral NSW Metro Quarries Depot Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement was approved on 4 April 2022 and, in accordance with s.54, will operate from 11 April 2022. The nominal expiry date of the Agreement is 14 November 2023.

DEPUTY PRESIDENT

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