Boral Transport Limited

[2023] FWCA 2867

[2023] FWCA 2867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boral Transport Limited

(AG2023/2780)

BORAL TRANSPORT LIMITED HUNTER REGION TIPPER AGREEMENT 2023

Road transport industry
COMMISSIONER DURHAM	BRISBANE, 6 SEPTEMBER 2023

Application for approval of the Boral Transport Limited Hunter Region Tipper Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Boral Transport Limited Hunter Region Tipper Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Transport Limited (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. Correspondence was sent to the Employer by my Chambers on 25 August 2023 raising a number of concerns including that the Agreement mentions apprentices at clauses 14.5(d) and 15.6(b), and trainees at clauses 14.5(d) and 15.6(d). However, no rates of pay are provided for apprentices or trainees. The Employer responded on 29 August 2023 advising by way of an undertaking that apprentices and trainees are not covered by the terms of the Agreement. I am consequently satisfied that per s. 193A(6A), apprenticeships and traineeships are not a type of employment that is reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Transport Workers’ Union of Australia NSW/QLD (Interim Governance) Branch (TWU) lodged a Form F18 statutory declaration 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 the Agreement covers the TWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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