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

[2019] FWCA 7390

[2019] FWCA 7390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2019/3858)

BORAL SA ASSET TEAM ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 25 OCTOBER 2019

Application for approval of the Boral SA Asset Team Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Asset Team Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Resources (SA) Limited T/A Boral Construction Materials. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 October 2019.

[3] On 18 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 24 October 2019. The undertaking deals with the following topics:

•  Clause 7.2 of the Agreement, concerning abandonment of employment, is amended to provide for notice of termination, or payment in lieu of notice, in accordance with the National Employment Standards (NES).

•  Clause 3.1(a) of the Agreement is amended to state that the rates of pay set out in Table 1 of that clause applying to Year 3 and Year 4 Apprentices will also apply to Adult Apprentices.

•  Trades Assistants are to be paid at the following higher rates. $20.46 from the first pay period on or after 1 October 2019. $20.87 on or after 1 October 2020. $21.29 on or after 1 October 2021.

•  Apprentices will not be rostered to work Night Shifts in the interests of their safety.

•  Shift workers who work an afternoon or night shift that does not span at least five successive shifts must be paid 50% extra per shift for the first three hours and 100% extra for the remaining hours.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 September 2022.

COMMISSIONER

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