Boral Resources (NSW) Pty Ltd T/A Boral Recycling

[2023] FWCA 3163

[2023] FWCA 3163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral Recycling

(AG2023/3309)

BORAL NSW & ACT RECYCLING ENTERPRISE AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 SEPTEMBER 2023

Application for approval of the Boral NSW & ACT Recycling Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement to be known as the Boral NSW & ACT Recycling Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Boral Resources (NSW) Pty Ltd T/A Boral Recycling (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

1. The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2023. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

[1]     The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023.  This Agreement was made after 6 June 2023. 

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