Boral Resources (Qld) Pty Limited T/A Boral
[2024] FWCA 2506
•5 JULY 2024
| [2024] FWCA 2506 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Resources (Qld) Pty Limited T/A Boral
(AG2024/2397)
BORAL QUARRIES SEQ ENTERPRISE AGREEMENT 2023
| Quarrying industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 5 JULY 2024 |
Application for approval of the Boral Quarries SEQ Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Boral Quarries SEQ Enterprise Agreement 2023 (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 (Qld) Pty Limited T/A Boral (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 November 2023 and the Agreement was made on 21 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Workers' Union (the AWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Workers' Union (the AWU), lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2024. The nominal expiry date of the Agreement is 5 July 2027.
DEPUTY PRESIDENT
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