USG Boral Building Products Pty Limited T/A USG Boral

[2014] FWCA 4707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

USG Boral Building Products Pty Limited T/A USG Boral
(AG2014/6651)

USG BORAL BUILDING PRODUCTS PROPRIETARY LIMITED (WOODVILLE) ENTERPRISE AGREEMENT 2013-2016

Storage services
COMMISSIONER ROE	MELBOURNE, 14 JULY 2014

Application for approval of the USG Boral Building Products Proprietary Limited (Woodville) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the USG Boral Building Products Proprietary Limited (Woodville) Enterprise Agreement 2013-2016 (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 Applicant). The agreement is a single-enterprise agreement.

[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. 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 United Voice has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of USG Boral Building Products Pty Limited trading as USG Boral, the Fair Work Commission was asked to consider an application for the approval of the Enterprise Agreement between the company and its employees. The application was made by the company, which sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose as the union representing the employees had raised objections to certain provisions of the agreement, particularly those concerning pay rates and other employment conditions.

The central legal issues before the Commission were whether the provisions of the agreement complied with the requirements of the Fair Work Act, specifically whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions. The union argued that some provisions were unfair and did not meet the threshold for good faith bargaining. The company, on the other hand, contended that the agreement was fair and represented the best possible outcome given the circumstances.

The Fair Work Commission carefully reviewed the evidence and submissions from both parties. The Commission determined that the agreement had been made in good faith, taking into account the economic environment and the need for the business to remain competitive. The Commission also found that the provisions of the agreement met the minimum standards required by the Fair Work Act. After considering all the evidence, the Commission approved the application and registered the Enterprise Agreement as a registered agreement.

The Fair Work Commission's final order was that the USG Boral Building Products Proprietary Limited (Woodville) Enterprise Agreement 2013-2016 be registered as a registered agreement under the Fair Work Act 2009. This decision resolved the dispute and provided certainty for both the company and its employees regarding their employment terms and conditions for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established