austlii:cth/FWCA/2025/4007
General information, not legal advice.
FWCA
2025-11-26
Original judgment source is linked above.
s.185 - Enterprise agreement
BORAL ASPHALT NSW & ACT ENTERPRISE AGREEMENT 2025
Application for approval of the Boral Asphalt NSW & ACT Enterprise Agreement 2025.
[1] An application has been made for approval of an enterprise agreement known as the Boral Asphalt NSW & ACT Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bitupave Ltd T/A Boral Asphalt (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has 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.
[3] 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.
[4] The Australian Workers' Union, 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), the Commission notes that the Agreement covers this organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2025. The nominal expiry date of the Agreement is 30 June 2028.
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