DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Limited T/A USG Boral
(AG2017/6176)

USG BORAL (HAMILTON) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 FEBRUARY 2018

Application for approval of the USG Boral (Hamilton) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the USG Boral (Hamilton) Enterprise Agreement 2016 (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 Applicant 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.

[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, 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. 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 14 February 2018. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The case involved USG Boral Building Products Pty Limited, trading as USG Boral, which applied to the Fair Work Commission for approval of the USG Boral (Hamilton) Enterprise Agreement 2016. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an Australian federal statutory court with specialised industrial jurisdiction.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court had to determine if the agreement had been made in good faith, if it was properly certified, and if it included the necessary minimum entitlements. Additionally, the court needed to consider whether the agreement had been fairly negotiated and if it provided for appropriate mechanisms for dispute resolution.

In its reasoning, the Fair Work Commission held that the agreement was valid and should be approved. The Commission found that the agreement was made in good faith and was properly certified. It was determined that the agreement contained all necessary minimum entitlements and provided for adequate dispute resolution mechanisms. The Commission concluded that the agreement had been fairly negotiated and did not contravene any provisions of the Fair Work Act.

The Fair Work Commission approved the USG Boral (Hamilton) Enterprise Agreement 2016, confirming its compliance with all legal requirements. The Commission's decision provided clarity for future enterprise agreements and reinforced the importance of adhering to the statutory framework under 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