DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Knauf Plasterboard Pty Ltd
(AG2015/697)

KNAUF PLASTERBOARD (ALTONA) AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 APRIL 2015

Application for approval of the Knauf Plasterboard (Altona) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Knauf Plasterboard (Altona) Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Knauf Plasterboard Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the Construction, Forestry, Mining and Energy Union (CFMEU) with respect to these undertakings and the CFMEU has supported the undertakings as evidenced by its co-signing of the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 17 April 2015. The nominal expiry date of the Agreement is 14 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Knauf Plasterboard Pty Ltd applied for approval of the Knauf Plasterboard (Altona) Agreement 2014, which aimed to settle a dispute between the company and its employees. The agreement was a product of negotiations facilitated by the Fair Work Commission (FWC), seeking to resolve issues concerning the implementation of a new roster system and associated entitlements. The employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, challenged the agreement's validity, arguing it did not meet the requirements under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement was "in the interests of the employees." The court needed to determine if the agreement was fair and reasonable, taking into account the principles of procedural and substantive fairness. This involved scrutinising whether the agreement had been genuinely negotiated, provided adequate protections for the employees, and aligned with the FWC's objectives of ensuring fair work practices. Additionally, the court examined whether the agreement appropriately balanced the interests of both parties and complied with the relevant statutory provisions.

The court found that the agreement was in the employees' best interests. It concluded that the process of negotiating the agreement was fair, with both parties engaging in good faith. The agreement provided clear terms regarding the roster system and entitlements, which were deemed to be fair and reasonable. The court highlighted that the FWC's endorsement of the agreement was a significant factor, indicating that the agreement met the statutory requirements and was beneficial for the employees. Given the comprehensive nature of the agreement and the procedural fairness observed, the court approved the Knauf Plasterboard (Altona) Agreement 2014.

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