Boral Resources (Qld) Pty Limited T/A Boral Qld Quarries
[2023] FWCA 238
•23 JANUARY 2023
| [2023] FWCA 238 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Resources (Qld) Pty Limited T/A Boral Qld Quarries
(AG2022/5431)
BORAL QUARRIES (COUNTRY QLD) ENTERPRISE AGREEMENT 2021
| Quarrying industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 23 JANUARY 2023 |
Application for approval of the Boral Quarries (Country QLD) Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Boral Quarries (Country Qld) Enterprise Agreement 2021 (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 QLD Quarries (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I observe that the following provisions may be inconsistent with the National Employment Standards (NES):
· Clause 14.4(b) – Withholding of NES entitlements.
However, noting clause 8.2 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.
The Australian Workers Union (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 will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 February 2025.
DEPUTY PRESIDENT
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