Boral Resources (NSW) Pty Ltd

[2018] FWCA 2457

[2018] FWCA 2457

FAIR WORK COMMISSION

DECISION

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

Boral Resources (NSW) Pty Ltd
(AG2017/6363)

BORAL NSW METRO QUARRIES DEPOT ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER CAMBRIDGE	SYDNEY, 4 MAY 2018

Application for approval of the Boral NSW Metro Quarries Depot Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral NSW Metro Quarries Depot Enterprise Agreement 2017(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 (NSW) Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Sydney on 15 December 2017. On 24 April 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Max Stanton made on behalf of the Employer and dated 12 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 8 December 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 4 May 2018. I note that the file has included a Statutory Declaration of Patrick Murray made on behalf of The Australian Workers’ Union (AWU) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 29 and a consultation term at clause 10.

[6] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 May 2018. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 14 November 2020.

COMMISSIONER

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