DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Limited T/A Boral Australian Gypsum Ltd
(AG2020/635)

BORAL AUSTRALIAN GYPSUM LIMITED CAMELLIA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 18 MARCH 2020

Application for approval of the Boral Australian Gypsum Limited Camellia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral Australian Gypsum Limited Camellia Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by USG Boral Building Products Pty Limited T/A Boral Australian Gypsum Ltd. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2020. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, USG Boral Building Products Pty Limited, trading as Boral Australian Gypsum Ltd, sought approval for the Boral Australian Gypsum Limited Camellia Enterprise Agreement 2019. The primary dispute centred around the procedural fairness and compliance of the agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement had been genuinely negotiated and was in the best interests of the employees.

The legal issues before the Commission included whether the enterprise agreement was genuinely negotiated and whether it complied with statutory requirements, including the provisions concerning procedural fairness. Additionally, the Commission had to assess if the agreement met the statutory requirements for the provision of information to employees and if it provided for adequate protections and entitlements as mandated by the Act. The applicant argued that the agreement was fairly negotiated and met all legislative requirements, while the objectors raised concerns about procedural fairness and employee consultation.

The Commission found that the agreement was genuinely negotiated, with adequate consultation and provision of information to the employees. The procedural fairness of the negotiations was upheld, and the agreement was found to be in the best interests of the employees. The Commission determined that all statutory requirements were met, including those relating to procedural fairness and employee consultation. Consequently, the Commission approved the Boral Australian Gypsum Limited Camellia Enterprise Agreement 2019.

The Fair Work Commission approved the enterprise agreement, noting its compliance with the statutory requirements and its fairness to the employees. The Commission rejected the objections raised and found the agreement to be appropriately negotiated and in the best interests of the employees.

USG Boral Building Products Pty Limited T/A Boral Australian Gypsum Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established