Boral Transport Limited
[2022] FWCA 1792
•31 MAY 2022
[2022] FWCA 1792
The attached document replaces the document previously issued with the above code on 31 May 2022.
The approved Enterprise Agreement has been attached to the Decision.
Alana Spensley-Armstrong
Associate to Commissioner P Ryan
Dated 7 June 2022.
| [2022] FWCA 1792 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Boral Transport Limited
(AG2022/1507)
BORAL TRANSPORT LIMITED NSW TIPPER ENTERPRISE AGREEMENT 2021
| Cement and concrete products | |
| COMMISSIONER P RYAN | SYDNEY, 31 MAY 2022 |
Application for approval of the Boral Transport Limited NSW Tipper Enterprise Agreement 2021
Boral Transport Limited (the Employer) has made an application for approval of an enterprise agreement known as the Boral Transport Limited NSW Tipper Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, 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.
Section 183 Bargaining representative
The Transport Workers Union (TWU) 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) of the Act, I note that the Agreement covers the TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516133 PR742203>
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