DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC Australia Pty Ltd T/A BGC Plasterboard
(AG2014/10948)

BGC PLASTERBOARD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 MARCH 2015

Application for approval of the BGC Plasterboard Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BGC Plasterboard Enterprise Agreement 2014 (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. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 24 March 2015 and, in accordance with s.54, will operate from 31 March 2015. The nominal expiry date of the Agreement is 23 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

BGC Australia Pty Ltd, trading as BGC Plasterboard, applied to the Fair Work Commission for the approval of the BGC Plasterboard Enterprise Agreement 2014. The application involved the negotiation and finalisation of a collective agreement between the company and its employees, seeking to set out the terms and conditions of employment for the workers.

The legal issues before the court centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for a certified agreement, such as being in writing, meeting the procedural requirements for negotiation and agreement, and ensuring the agreement did not include matters that were prohibited or could only be dealt with by a registered agreement. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions, including minimum wage rates, leave entitlements, and other employment standards.

The court examined the negotiation process and found that the agreement was the result of good faith bargaining between the parties. It assessed the terms of the agreement against the Fair Work Act and determined that the agreement met all legislative requirements. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and did not include any prohibited content. Consequently, the court approved the agreement, recognising it as a lawful and binding enterprise agreement.

The final orders of the court included the approval of the BGC Plasterboard Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would apply to all employees of BGC Australia Pty Ltd covered by the agreement. The court also ordered that the agreement would be available for reference and enforcement by the parties, ensuring compliance with the terms and conditions set out in the approved agreement.

BGC Australia Pty Ltd T/A BGC Plasterboard

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established