DECISION

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

CSR Building Materials T/A CSR Bricks and Pavers
(AG2015/411)

CSR PGH BRICKS AND PAVERS SA GOLDEN GROVE MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 25 MARCH 2015

Application for approval of the CSR PGH Bricks and Pavers SA Golden Grove Maintenance Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR PGH Bricks and Pavers SA Golden Grove Maintenance Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR Building Materials T/A CSR Bricks and Pavers. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 10 April 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CSR Building Materials T/A CSR Bricks and Pavers and the Australian Manufacturing Workers Union brought an application for the approval of the CSR PGH Bricks and Pavers SA Golden Grove Maintenance Employees Enterprise Agreement 2015. The dispute centred on whether the enterprise agreement met the necessary legal requirements for approval under the Fair Work Act 2009, particularly concerning the process by which it was negotiated and the extent to which it complied with the provisions for enterprise agreements.

The court had to determine if the agreement was made in good faith, whether it was negotiated fairly and if it met the standards set by the Fair Work Act for enterprise agreements. Additionally, the court examined the agreement's provisions, ensuring they adhered to the statutory requirements, including the coverage of the agreement, the classification of employees, and the terms and conditions of employment.

The Fair Work Commission found that the agreement was made in good faith and that the negotiation process was fair. The Commission also concluded that the agreement complied with the statutory requirements and met the necessary standards for approval. The court highlighted that the agreement included appropriate provisions for the classification of employees and the terms and conditions of employment. Consequently, the application for approval was successful.

As a result, the CSR PGH Bricks and Pavers SA Golden Grove Maintenance Employees Enterprise Agreement 2015 was approved by the Fair Work Commission. The agreement is now legally binding on the parties involved, providing a framework for the employment relationship between CSR Building Materials and the union.

CSR Building Materials T/A CSR Bricks and Pavers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established