CSR Building Products Limited

[2022] FWCA 3726

[2022] FWCA 3726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSR Building Products Limited

(AG2022/4241)

CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 28 OCTOBER 2022

Application for approval of the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2022 (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 Products Limited. The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights issued by the Applicant referred to the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2020. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Workers’ 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.

1. The Agreement is approved and in accordance with s.54, will operate from 4 November 2022. The nominal expiry date of the Agreement is 27 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517926  PR747181>

Annexure A