Boral Resources (Sa) Limited T/A Boral Construction Materials

[2021] FWCA 6932

[2021] FWCA 6932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Sa) Limited T/A Boral Construction Materials
(AG2021/8578)

BORAL SA QUARRY ENTERPRISE AGREEMENT 2021

Quarrying industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 DECEMBER 2021

Application for approval of the Boral SA Quarry Enterprise Agreement 2021.

[1] Boral Resources (Sa) Limited T/A Boral Construction Materials (the Applicant) has made an application for approval of an enterprise agreement known as the Boral SA Quarry Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 December 2021.

[3] Clauses 4.5.4 regarding public holidays and 7.3.5(b) regarding redundancy may be inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 1.5 of the Agreement is deemed to resolve these NES concerns.

[4] The Australian Workers’ Union (AWU), 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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