Boral Transport Limited
[2022] FWCA 4303
•8 DECEMBER 2022
| [2022] FWCA 4303 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Transport Limited
(AG2022/4987)
Boral NSW and ACT Country Tipper Driver’s Enterprise Agreement 2022
| Cement and concrete products | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 8 DECEMBER 2022 |
Application for approval of the Boral NSW and ACT Country Tipper Drivers Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Boral NSW and ACT Country Tipper Drivers Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Transport Workers’ Union of Australia 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.
The Agreement was approved on 8 December 2022 and, in accordance with s.54, will operate from 15 December 2022. The nominal expiry date of the Agreement is 8 December 2026.
COMMISSIONER
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