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

[2015] FWCA 7458

[2015] FWCA 7458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Resources (SA) Limited T/A Boral Construction Materials
(AG2015/5230)

BORAL SA QUARRY ENTERPRISE AGREEMENT 2015

Quarrying industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 28 OCTOBER 2015

[1] An application for approval of an enterprise agreement known as the Boral SA Quarry Enterprise Agreement 2015 (the Agreement) has been made by Boral Resources (SA) Limited T/A Boral Construction Materials (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The consultation term in clause 8.1 of the Agreement does not meet the statutory requirements in s.205(1)(a)(ii) and s.205(1A) of the Act concerning changes to regular rosters or ordinary hours of work. In accordance with s.205(2) of the Act the model consultation term will apply. The model consultation term will be appended to the Agreement as Appendix A and will be taken to be a term of the Agreement.

[3] 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.

[4] TheAustralian Workers’ Union(the AWU) has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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