Boral Resources (VIC) Pty Ltd T/A Boral Quarries

[2019] FWCA 8643

[2019] FWCA 8643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (VIC) Pty Ltd T/A Boral Quarries
(AG2019/4278)

BORAL QUARRIES (METRO) ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER MCKINNON	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Boral Quarries (Metro) Enterprise Agreement 2019.

[1] Boral Resources (VIC) Pty Ltd has applied for approval of a single enterprise agreement known as the Boral Quarries (Metro) Enterprise Agreement 2019 (the Agreement). The Australian Workers’ Union was a bargaining representative for the Agreement and supports the application.

[2] The notice of employee representational rights issued to employees was not in the prescribed form. In all the circumstances, I am satisfied that this was a minor procedural error and one which is not likely to have disadvantaged any employee in relation to the agreement-making process.

[3] An undertaking has been given to address a concern in relation to the better off overall test about weekend penalties for shiftworkers. A copy of the undertakings is attached in Annexure A. With the undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application are met.

[4] The flexibility term provides for a longer period of notice of termination than the Act permits. The model flexibility term is taken to be a term of the Agreement.

[5] The Australian Workers’ Union is covered by the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

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Annexure A