DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Limited T/A USG Boral
(AG2016/5651)

STUD AND TRACK ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Stud and Track Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stud and Track 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The applicant, USG Boral Building Products Pty Limited trading as USG Boral, applied for approval of the Stud and Track Enterprise Agreement 2016 under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, who represented some of the employees covered by the agreement. The dispute centred on whether the agreement met the requirements of the Act and whether it would have a detrimental effect on employees.

The legal issues before the court involved whether the agreement provided for the proper operation of an enterprise and whether it ensured fairness, in line with the principles set out in the Fair Work Act. The court had to consider the balance of interests between the employer and the employees, the impact of the agreement on employees' working conditions, and whether the agreement complied with the procedural requirements of the Act.

In delivering the judgment, the court examined the specifics of the proposed agreement, including its provisions on wages, working conditions, and dispute resolution mechanisms. The court found that the agreement was procedurally sound and did not contravene the principles of fairness. It was concluded that the agreement provided for the proper operation of the enterprise and was not likely to have a detrimental effect on employees. Consequently, the court approved the application and confirmed the validity of the Stud and Track Enterprise Agreement 2016.

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