USG Boral Building Products Pty Limited T/A USG Boral Summary

[2014] FWCA 8415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Limited T/A USG Boral
(AG2014/7965)

USG BORAL BUILDING PRODUCTS PROPRIETARY LIMITED PINKENBA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the USG Boral Building Products Proprietary Limited Pinkenba Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the USG Boral Building Products Proprietary Limited Pinkenba Enterprise Agreement 2014 (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.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from date of signing. The nominal expiry date of the Agreement is date of expiry.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

USG Boral Building Products Pty Limited T/A USG Boral applied to the Fair Work Commission for approval of the USG Boral Building Products Proprietary Limited Pinkenba Enterprise Agreement 2014. The applicant is an employer engaged in the manufacture of plasterboard and gypsum-based products. The dispute centred around the terms of the enterprise agreement, which the applicant claimed would lead to improved operational efficiency and a more harmonious workplace. The respondent, who represented the employees, argued that the agreement did not sufficiently protect employee interests.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms, and whether it complied with the relevant provisions of the Act. The Commission also considered the fairness and reasonableness of the agreement’s terms, including the impact on employee entitlements, working conditions, and dispute resolution mechanisms.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement was fair and reasonable in all its terms. The Commission noted that the agreement contained provisions that addressed key employee concerns, including protections for redundancy, a clear process for grievance resolution, and provisions for fair work practices. The Commission also found that the agreement facilitated improvements in workplace efficiency and productivity, which would benefit both the employer and employees in the long term. Consequently, the application for approval was granted.

The Commission ordered the approval of the USG Boral Building Products Proprietary Limited Pinkenba Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement.

USG Boral Building Products Pty Limited T/A USG Boral

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established