DECISION

Fair Work Act 2009
s.185—Enterprise agreement

USG Boral Building Products Pty Ltd T/A USG Boral
(AG2018/6854)

USG BORAL BUILDING PRODUCTS PTY LIMITED PINKENBA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the USG Boral Building Products Pty Limited Pinkenba Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the USG Boral Building Products Pty Limited Pinkenba Enterprise Agreement 2017 (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 Ltd T/A USG Boral. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union, and The Australian Workers’ Union being a bargaining representatives for the Agreement, have 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 20 February 2019. The nominal expiry date of the Agreement is 19 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves USG Boral Building Products Pty Ltd, trading as USG Boral, and the Australian Building and Construction Commission (ABCC). The dispute centred around the application for approval of the USG Boral Building Products Pty Limited Pinkenba Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement should be approved, taking into account the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for approval under section 233 of the Fair Work Act, including whether it provided for a fair and efficient workplace, and whether it complied with the requirements for good faith bargaining. Additionally, the Commission had to consider whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Regulations 2009.

The Commission found that the Pinkenba Enterprise Agreement 2017 met the necessary criteria for approval. It concluded that the agreement provided for a fair and efficient workplace, and that it was made in good faith. The Commission also determined that the agreement complied with the procedural requirements for its approval. As a result, the Fair Work Commission approved the application for the Pinkenba Enterprise Agreement 2017 to be registered.

USG Boral Building Products Pty Ltd 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