DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Limited T/A USG Boral
(AG2019/4958)

USG BORAL (HAMILTON) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the USG Boral (Hamilton) Enterprise Agreement 2019.

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

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of USG Boral Building Products Pty Limited trading as USG Boral, the Fair Work Commission was tasked with determining whether to approve the USG Boral (Hamilton) Enterprise Agreement 2019. The applicant, USG Boral, sought to implement this agreement, which was negotiated with relevant trade unions. The dispute centred on whether the agreement met the necessary standards for fair and effective enterprise bargaining as stipulated by the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the payment of rates of pay and conditions that were no less favourable than the relevant awards or safety net award, and whether the agreement was made in good faith and covered all relevant employees. Additionally, the Commission had to assess if the agreement complied with the requirements for individual flexibility arrangements and if it was in the public interest to approve the agreement.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement provided for terms and conditions that were no less favourable than the relevant safety net award and that the agreement was made in good faith. The Commission also found that the agreement included appropriate individual flexibility arrangements and that its approval was in the public interest. Consequently, the Commission approved the USG Boral (Hamilton) Enterprise Agreement 2019, subject to the conditions and commencement date specified in the decision.

The final orders of the Commission included the approval of the enterprise agreement with specific conditions and a designated commencement date, ensuring that the agreement would operate effectively within the parameters set by the Fair Work Act.

USG Boral Building Products Pty Limited T/A USG Boral

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established