DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC (Australia) Pty Ltd T/A BGC Plasterboard and/or GTEK Direct and/or Bradys Plaster Products
(AG2019/2237)

BGC PLASTERBOARD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 22 JULY 2019

Application for approval of the BGC Plasterboard Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BGC Plasterboard Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BGC (Australia) Pty Ltd T/A BGC Plasterboard and/or GTEK Direct and/or Bradys Plaster Products. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019. The nominal expiry date of the Agreement is 21 July 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BGC (Australia) Pty Ltd trading as BGC Plasterboard and/or GTEK Direct and/or Bradys Plaster Products, sought approval of the BGC Plasterboard Enterprise Agreement 2019, under the Fair Work Act 2009. The dispute arose from the negotiation of the agreement, which was intended to cover employees in the plasterboard manufacturing industry. The Fair Work Commission was tasked with determining whether the agreement met the criteria for registration under the Act.

The legal issues before the Commission involved assessing whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Key procedural aspects included whether the agreement was genuinely negotiated and whether appropriate steps were taken to inform and consult with employees. Substantive issues focused on whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions. Additionally, the Commission needed to ensure that the agreement did not undermine the protection of employees' rights and entitlements.

In delivering its decision, the Fair Work Commission examined the negotiation process and found that the agreement was genuinely negotiated and that appropriate consultation had occurred. The Commission also considered the substantive terms of the agreement, including the wage rates, leave provisions, and other employment conditions. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and did not undermine the protection of employees' rights and entitlements. Consequently, the Commission approved the BGC Plasterboard Enterprise Agreement 2019.

The Fair Work Commission approved the BGC Plasterboard Enterprise Agreement 2019, subject to the terms and conditions set out in the decision. The agreement was to be registered and binding on all parties from the date of the decision. This outcome provided certainty and stability for both employers and employees within the plasterboard manufacturing industry.

BGC (Australia) Pty Ltd T/A BGC Plasterboard and/or GTEK Direct and/or Bradys Plaster Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established