DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited
(AG2016/3810)

CSR LTD – HEBEL APRIL 2016-MARCH 2019 ENTERPRISE BARGAINING AGREEMENT

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the CSR LTD - Hebel April 2016-March 2019 Enterprise Bargaining Agreement.

[1] An application has been made for approval of an enterprise agreement known as the CSR LTD - Hebel April 2016-March 2019 Enterprise Bargaining Agreement (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.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2016. The nominal expiry date of the Agreement is 5 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Building Products Limited applied to the Fair Work Commission for approval of the CSR LTD - Hebel April 2016-March 2019 Enterprise Bargaining Agreement (EBA). The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on the terms and conditions stipulated in the EBA, specifically concerning employee entitlements and procedural fairness.

The court was tasked with determining whether the EBA complied with the Fair Work Act 2009. Key issues included whether the agreement met the requirements for 'genuine agreement' and whether it contained provisions that were unfair or contrary to public policy. The court also had to consider if the agreement adequately addressed procedural fairness, particularly in terms of how it was negotiated and the extent of employee representation in the process.

In its reasoning, the Fair Work Commission concluded that the EBA was a genuine agreement, as it was negotiated in good faith and met the procedural fairness requirements. The court found that the terms of the EBA were not unfair or contrary to public policy. The commission noted that the union had an adequate opportunity to participate in the negotiation process, and the final agreement reflected a fair balance of interests between the employer and employees. As a result, the application for approval was granted.

The final orders of the commission were that the CSR LTD - Hebel April 2016-March 2019 Enterprise Bargaining Agreement be approved as a registered EBA under the Fair Work Act 2009. The decision affirmed the agreement's validity and established it as the legally binding terms of employment for the specified period.

CSR Building Products Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established