[2025] FWCA 2132

Fair Work Act 2009

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

BORAL METRO QUARRIES VIC TIPPER DRIVERS' ENTERPRISE AGREEMENT 2024

Application for approval of the Boral Metro Quarries VIC Tipper Drivers' Enterprise Agreement 2024

[1] Boral Resources (Vic) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Boral Metro Quarries VIC Tipper Drivers' Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth)

(the Act). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to the enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 16 April 2025 and the Agreement was made on 4 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] Clause 14 of the Agreement provides that the workplace delegates' rights clause, as contained within the Road Transport and Distribution Award 2020 [MA000038] (the Award) forms part of this Agreement. While it appears that the intention of clause 14 is to incorporate the Award term, it has not been explicitly included in the Agreement. Pursuant to s.205A(1)-(2) of the Act, the workplace delegates' rights term, as prescribed by the Award, is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2025. The nominal expiry date of the Agreement is 31 December 2028.

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