Boral Transport Limited

[2013] FWCA 8408

[2013] FWCA 8408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Transport Limited
(AG2013/9707)

BORAL TRANSPORT LIMITED NSW ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 OCTOBER 2013

Application for approval of the Boral Transport Limited NSW Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Transport Limited NSW Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boral Transport Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 21 October 2013 undertakings were provided by the Company’s Acting Regional Logistics Manager (NSW/ACT), Mr R Waghorn, in relation to Shift At-Work Allowances and Night Shift Drivers working on Sundays. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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