Boral Resources (Vic) Pty Ltd T/A Boral Asphalt

[2019] FWCA 1323

[2019] FWCA 1323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Asphalt
(AG2018/6295)

BORAL ASPHALT (VICTORIA) ENTERPRISE AGREEMENT 2017

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Boral Asphalt (Victoria) Enterprise Agreement 2017.

[1] Boral Resources (Vic) Pty Ltd T/A Boral Asphalt has made an application for approval of an enterprise agreement known as the Boral Asphalt (Victoria) Enterprise Agreement 2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 February 2019 and, in accordance with s 54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

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