USG Boral Building Products

[2019] FWCA 8627

[2019] FWCA 8627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products
(AG2019/4782)

USG BORAL BUILDING PRODUCTS PROPRIETARY LIMITED (WOODVILLE) ENTERPRISE AGREEMENT 2019-2022

Storage services
COMMISSIONER PLATT	ADELAIDE, 20 DECEMBER 2019

Application for approval of the USG Boral Building Products Proprietary Limited (Woodville) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the USG Boral Building Products Proprietary Limited (Woodville) Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by USG Boral Building Products. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 December 2019.

[3] On 19 December 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 December 2019. The undertaking deals with the following topics:

•  An employee may take personal/carer’s leave to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of a personal illness, or personal injury affecting the member, or an unexpected emergency affecting the member.

•  Employees with more than 1 year of service but less than 2 years will receive 4 weeks’ pay, 3 weeks thereafter pay per year of service to a maximum of fifty-two weeks, pro rata for incomplete years. Payments are based on average wages for the previous 12 month period but do not include overtime or allowance provisions.

•  In relation to Notice of Termination, the notice in clause 26.1.5 will not apply in the case of dismissal for serious misconduct, to employees engaged for a specific period of time or for a specified task or tasks, to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to duration of the Agreement, or to casual employees who have been engaged by the Applicant for less than twelve months or who are not employed on a regular and systematic basis.

•  In relation to payment upon termination, an employee must be paid for accrued leave which has not been taken including Time Off in Lieu. If time off for overtime worked as per clause 36.3 of the Agreement by the employee where time off in lieu has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

•  A Team Leader – Group 1 will be paid an hourly rate & from first full pay period after 1 October 2019 29.72, after 1 October 2020 30.54, after 1 October 2021 31.30.

•  A Customer Service Store Person – Group 4 will be paid an hourly rate & from first full pay period after 1 October 2019 27.74, after 1 October 2020 28.50, after 1 October 2021 29.22.

•  A Entry Level – Group 7 will be paid an hourly rate & from first full pay period after 1 October 2019 25.23, after 1 October 2020 25.92, after 1 October 2021 26.57.

•  In relation to Appendix B Table – A1 Wage Rate and Skill Level, the table is shortened to that provided in the undertaking.

•  A regular part-time employee shall mean an Employee who is covered by this Agreement and is specifically engaged by the week for a number of hours less than 38 and is to be rostered for a minimum of 3 consecutive hours on any shift. The Company and the employee will agree in writing stating the agreed regular work pattern, hours to be worked including the actual starting and finishing times each day. All time worked in excess of the hours as mutually arranged will be overtime and paid as per Clause 36 (Overtime).

•  A casual employee is one engaged and paid as such. A casual employee working ordinary time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this Agreement for the work which he or she performs, plus 25 per cent. They will be paid as such and will be guaranteed not less than 4 hours engagement every start.

•  The first 2 hours worked during Saturday work or stock take shifts shall be at one and a half times the Ordinary rate, and at twice the ordinary rate for each hour worked or part of after the first two hours are worked rounded to the nearest 15 minutes. This clause operates to the exclusion of 34.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 September 2022.

COMMISSIONER

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