DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Knauf Plasterboard Pty Ltd T/A Knauf Plasterboard
(AG2018/1389)

KNAUF PLASTERBOARD (BUNDABERG) AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 14 AUGUST 2018

Application for approval of the Knauf Plasterboard (Bundaberg) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Knauf Plasterboard (Bundaberg) Agreement 2018 (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 T/A Knauf Plasterboard. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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 Construction, Forestry, Maritime, Mining and Energy Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisations.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was also a bargaining representative for the Agreement, but does not wish to be covered by the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Knauf Plasterboard Pty Ltd, trading as Knauf Plasterboard, applied to the Fair Work Commission for approval of the Knauf Plasterboard (Bundaberg) Agreement 2018. The application involved the workers employed at Knauf Plasterboard’s Bundaberg facility. The dispute centred on the terms and conditions of employment for these workers, as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a genuine enterprise bargaining process, whether the agreement was in the public interest, and whether the agreement complied with the provisions of the Fair Work Act. Furthermore, the Commission had to consider whether the agreement was made in good faith and without coercion, and whether it provided for minimum terms and conditions of employment.

The Fair Work Commission found that the Knauf Plasterboard (Bundaberg) Agreement 2018 was made in good faith and without coercion, and that it provided for minimum terms and conditions of employment. The Commission was satisfied that the agreement was in the public interest and that it complied with the provisions of the Fair Work Act. The Commission also found that the agreement was the result of a genuine enterprise bargaining process. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Knauf Plasterboard (Bundaberg) Agreement 2018, effective from 1 April 2018. The agreement sets out the terms and conditions of employment for the workers employed at Knauf Plasterboard’s Bundaberg facility, including their pay rates, leave entitlements, and other employment-related matters. The approval of the agreement ensures that the workers have a fair and reasonable set of terms and conditions of employment, and that Knauf Plasterboard can operate its Bundaberg facility in a manner that is consistent with the principles of enterprise bargaining under the Fair Work Act.

Knauf Plasterboard Pty Ltd T/A Knauf Plasterboard

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established