Boral Resources (WA) Limited T/A Boral Asphalt (WA)

[2020] FWCA 4276

[2020] FWCA 4276

FAIR WORK COMMISSION

DECISION

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

Boral Resources (WA) Limited T/A Boral Asphalt (WA)
(AG2020/2212)

BORAL ASPHALT SPRAYER DRIVERS' (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2020

Asphalt industry
COMMISSIONER HUNT	BRISBANE, 13 AUGUST 2020

Application for approval of the Boral Asphalt Sprayer Drivers' (Western Australia) Enterprise Agreement 2020.

[1] Boral Resources (WA) Limited T/A Boral Asphalt (WA) has applied for approval of an enterprise agreement known as the Boral Asphalt Sprayer Drivers' (Western Australia) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia (the TWU) filed a Form F18 statutory declaration stating the TWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU.

[3] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2020. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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