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

[2014] FWCA 7181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Limited T/A USG Boral
(AG2014/7341)

USG BORAL (HAMILTON) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 OCTOBER 2014

Application for approval of the USG Boral (Hamilton) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the USG Boral (Hamilton) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by USG Boral Building Products Pty Limited T/A USG Boral. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the Construction, Forestry, Mining and Energy Union (CFMEU) with respect to these undertakings and the CFMEU has supported the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The 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. As required by s.201(2) I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 17 October 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The parties involved in the dispute were USG Boral Building Products Pty Limited, trading as USG Boral, and the Fair Work Commission (FWC). The nature of the dispute centred around the approval of the USG Boral (Hamilton) Enterprise Agreement 2014, which was proposed for registration with the FWC. The matter was heard in the Federal Circuit Court of Australia.

The legal issues before the court involved assessing whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether the agreement was made in good faith and whether it covered all necessary minimum terms and conditions. Additionally, the court needed to consider whether the agreement provided for procedural fairness in its creation, particularly in relation to the consultation process with the employees.

In its decision, the court thoroughly examined the evidence presented regarding the consultation process and the manner in which the agreement was developed. The court found that USG Boral had adequately consulted with its employees and that the agreement was made in good faith. Furthermore, the court confirmed that the agreement covered all the necessary minimum terms and conditions as stipulated by the Fair Work Act. Consequently, the court approved the registration of the USG Boral (Hamilton) Enterprise Agreement 2014.

As a result of the court's decision, the USG Boral (Hamilton) Enterprise Agreement 2014 was approved and registered, thereby providing a legally binding framework for the employment conditions of the relevant workers.

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