Boral Resources (SA) Ltd
[2024] FWCA 4455
•12 DECEMBER 2024
| [2024] FWCA 4455 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Boral Resources (SA) Ltd
(AG2024/4637)
BORAL SA QUARRY ENTERPRISE AGREEMENT 2024
| Quarrying industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 12 DECEMBER 2024 |
Application for approval of the Boral SA Quarry Enterprise Agreement 2024
Boral Resources (SA) Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Boral SA Quarry Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 21 June 2024 and the Agreement was made on 13 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Cement, Lime and Quarrying Award 2020 is taken to be a term of the Agreement.
The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.
The Agreement was approved on 12 December 2024 and, in accordance with s.54, will operate from 19 December 2024. The nominal expiry date of the Agreement is 12 December 2027.
COMMISSIONER
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