Construction, Forestry, Mining and Energy Union

[2013] FWCA 367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/14530)

CSR LIMITED GYPROCK YARRAVILLE ENTERPRISE BARGAINING AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 JANUARY 2013

Application for approval of the CSR Limited Gyprock Yarraville Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Gyprock Yarraville Enterprise Bargaining Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union (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.

[4] An undertaking has been given in relation to clause 4.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 23 January 2013. The nominal expiry date of the Agreement is 22 January 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied for the approval of the CSR Limited Gyprock Yarraville Enterprise Bargaining Agreement 2012. CSR Limited was a manufacturer of building materials and had entered into an enterprise agreement with the union representing its employees. The union sought approval of the agreement under section 186 of the Fair Work Act 2009. The dispute centred on the agreement's provisions, including terms related to wages, working conditions, and dispute resolution mechanisms.

The central legal issues before the court were whether the enterprise bargaining agreement met the requirements of the Fair Work Act, including whether it provided for the direct benefit of the employees, and whether it complied with the good faith bargaining provisions. Additionally, the court had to consider if the agreement contained any terms that were contrary to public policy or were otherwise invalid.

The court examined the provisions of the Fair Work Act and found that the agreement did indeed provide for the direct benefit of the employees and was made in good faith. The court also determined that the agreement did not contain any terms that were contrary to public policy or invalid. As such, the court approved the enterprise bargaining agreement under section 186 of the Fair Work Act.

The court's approval of the CSR Limited Gyprock Yarraville Enterprise Bargaining Agreement 2012 is a significant decision that reinforces the importance of enterprise agreements in providing fair and reasonable terms for employees. The court's decision also highlights the importance of good faith bargaining between employers and employees in the creation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established