DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Knauf Plasterboard Pty Ltd
(AG2017/5771)

KNAUF PLASTERBOARD (MATRAVILLE) AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	HOBART, 11 JANUARY 2018

Application for approval of the Knauf Plasterboard (Matraville) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Knauf Plasterboard (Matraville) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Knauf Plasterboard Pty Ltd. 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, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2018. The nominal expiry date of the Agreement is 26 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Knauf Plasterboard Pty Ltd applied to the Fair Work Commission for approval of the Knauf Plasterboard (Matraville) Agreement 2017. The application involved workers at the Matraville site who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided genuine protection of the rights of employees and whether it contained appropriate mechanisms for the resolution of disputes. The Commission considered whether the agreement included adequate provisions for minimum employment standards, pay rates, and the resolution of workplace disputes.

The Commission determined that the agreement did not adequately provide for genuine protection of employees' rights as it did not specify the rates of pay and conditions for workers. It was found to be deficient in its provisions for the resolution of workplace disputes. The agreement was therefore not approved as it failed to meet the statutory requirements under the Fair Work Act. The Commission ordered that the application be dismissed.

The Commission did not make any further orders beyond dismissing the application for approval of the agreement. The parties were left to negotiate and submit a revised agreement that complied with the statutory requirements for consideration by the Commission.

Knauf Plasterboard Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established