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

[2019] FWCA 930

[2019] FWCA 930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (Vic) Pty Ltd T/A Boral Concrete
(AG2018/5032)

BORAL CONCRETE TESTERS' ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Boral Concrete Testers' Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Concrete Testers’ Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (Vic) Pty Ltd T/A Boral Concrete. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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<AE501789  PR704898>

Annexure A