Boral Transport Limited

Case

[2025] FWCA 1355

24 APRIL 2025


[2025] FWCA 1355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Transport Limited

(AG2025/1007)

BORAL TRANSPORT LIMITED NSW TIPPER ENTERPRISE AGREEMENT 2024

Road transport industry

COMMISSIONER CRAWFORD

SYDNEY, 24 APRIL 2025

Application for approval of the Boral Transport Limited NSW Tipper Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Boral Transport Limited NSW Tipper Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Boral Transport Limited. The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

  1. Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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