DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Limited T/A USG Boral
(AG2015/5637)

USG BORAL & CFMEU PORT MELBOURNE PRODUCTION & DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2015 - 2018”

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

Application for approval of the USG Boral & CFMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2015 – 2018”

[1] An application has been made for approval of an enterprise agreement known as the USG Boral & CFMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2015 – 2018” (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] 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. 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.

[3] The Construction, Forestry, Mining and Energy 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.

[4] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, USG Boral Building Products Pty Limited, trading as USG Boral, applied for approval of the USG Boral & CFMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2015 – 2018. The Australian Council of Trade Unions (ACTU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to intervene in the matter. The primary dispute involved whether the proposed enterprise agreement met the necessary standards under the Fair Work Act 2009.

The legal issues before the commission included whether the agreement provided for minimum rates of pay, conditions of employment, and other terms and conditions of employment that complied with the safety net. Further, the commission had to determine if the agreement was fairly negotiated and met the requirements of good faith bargaining. The commission also needed to consider whether the agreement provided for appropriate processes for resolving disputes.

The commission found that the agreement met the minimum safety net provisions and was fairly negotiated in good faith. The commission noted that the agreement included provisions for minimum rates of pay, leave entitlements, and other employment conditions. The commission also found that the agreement contained appropriate dispute resolution processes. The commission approved the agreement, subject to certain minor modifications, to ensure compliance with the Fair Work Act 2009. The final orders included the approval of the enterprise agreement, with the specified modifications, to be registered with the Fair Work Commission.

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