Boral Resources (QLD) Pty. Limited T/A Boral

[2019] FWCA 1121

[2019] FWCA 1121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (QLD) Pty. Limited T/A Boral
(AG2018/6482)

BORAL TESTERS (SEQ) ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Boral Testers (SEQ) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boral Testers (SEQ) Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 31 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union, 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 20 February 2019 and, in accordance with s.54, will operate from 27 February 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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Annexure A