Boral Resources (NSW) Pty Ltd T/A Boral
[2022] FWCA 2144
•29 JUNE 2022
| [2022] FWCA 2144 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Resources (NSW) Pty Ltd T/A Boral
(AG2022/1914)
Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2021
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 29 JUNE 2022 |
Application for approval of the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Boral Concrete Sydney Metropolitan Drivers Enterprise Agreement 2021 (Agreement). The application was made by Boral Resources (NSW) Pty Ltd T/A Boral (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 8.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The Transport Workers’ Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2022. The nominal expiry date of the Agreement is 1 July 2024.
COMMISSIONER
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