Boral Resources (NSW) Pty Ltd T/A Boral Resources (NSW) Pty Ltd
[2024] FWCA 3527
•8 OCTOBER 2024
| [2024] FWCA 3527 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Resources (NSW) Pty Ltd T/A Boral Resources (NSW) Pty Ltd
(AG2024/3302)
BORAL NSW AND ACT COUNTRY AGITATOR DRIVER’S ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER SLOAN | SYDNEY, 8 OCTOBER 2024 |
Application for approval of the Boral NSW and ACT Country Agitator Driver’s Enterprise Agreement 2023
Boral Resources (NSW) Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Boral NSW and ACT Country Agitator Driver’s Enterprise Agreement 2023 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (“Undertakings”). A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
The Transport Workers’ Union of Australia NSW/QLD (Interim Governance) Branch (“TWU”) was a bargaining representative for the Agreement. Its views in respect of the Undertakings were sought.
Pursuant to s 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Having regard to the Undertakings, and on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The TWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the TWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 15 October 2024. The nominal expiry date of the Agreement is 10 October 2026.
COMMISSIONER
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Annexure A
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