DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Limited
(AG2018/6515)

USG BORAL & CFMEU PORT MELBOURNE PRODUCTION & DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 7 MAY 2019

Application for approval of the USG Boral & CFMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2018 - 2022.

[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 2018 - 2022 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, USG Boral Building Products Pty Limited sought approval of the USG Boral & CFMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2018 - 2022. The applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) had negotiated the agreement, which was to apply to employees working in the production and distribution sectors at the Port Melbourne facility. The CFMEU opposed the application on several grounds, including that the agreement did not appropriately address employee entitlements and that certain provisions were inconsistent with the National Employment Standards.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the relevant federal and state industrial laws. The Commission had to examine each clause of the agreement to ensure compliance with the statutory provisions and to determine whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement was procedurally fair, having been negotiated in good faith and with appropriate consultation.

After reviewing the agreement, the Fair Work Commission determined that the application should be approved. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the relevant federal and state industrial laws. The Commission also found that the agreement had been negotiated in good faith and with appropriate consultation. The Commission emphasised that the agreement included provisions for employee entitlements and provided for mechanisms to resolve disputes, which it considered to be satisfactory. While the CFMEU had raised concerns about certain provisions, the Commission was satisfied that the overall agreement was fair and reasonable.

The Fair Work Commission approved the USG Boral & CFMEU Port Melbourne Production & Distribution Employees Enterprise Agreement 2018 - 2022, subject to certain conditions. These conditions included a requirement that the parties review the agreement within six months of the approval and report to the Commission on any issues that arose. The Commission also ordered that the agreement be registered with the Fair Work Commission and that any disputes arising from the agreement be referred to the Fair Work Commission for resolution.

USG Boral Building Products Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established