[2016] FWCA 2136
DECISION
| Fair Work Act 2009 |
| s.185 - Application for approval of a single-enterprise agreement |
| CSR Building Products Limited t/a Cemintel CSR |
| (AG2016/2632) |
CSR BUILDING PRODUCTS LIMITED FIBRE CEMENT ENTERPRISE
BARGAINING AGREEMENT 2016
Manufacturing and associated industries
| COMMISSIONER LEE | MELBOURNE, 5 APRIL 2016 |
Application for approval of the CSR Building Products Limited Fibre Cement Enterprise
Bargaining Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the
CSR Building Products Limited Fibre Cement Enterprise Bargaining Agreement 2016 (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 t/a Cemintel CSR. The Agreement is a
single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[3] 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.
[4] 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.
[5] United Voice 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.
[2016] FWCA 2136
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
12 April 2016. The nominal expiry date of the Agreement is 4 April 2020.
COMMISSIONER
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- AGLC
- CSR Building Products Limited [2016] FWCA 2136
- Case
- [2016] FWCA 2136
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, relevant to the approval of the agreement. The court needed to verify if the agreement included the model consultation and flexibility terms, as prescribed by the Fair Work Regulations 2009, and whether it was covered by United Voice, a bargaining representative for the agreement. Commissioner Lee concluded that all requirements had been satisfied and the agreement met the necessary criteria.
Commissioner Lee approved the CSR Building Products Limited Fibre Cement Enterprise Bargaining Agreement 2016, which will operate from 12 April 2016, with a nominal expiry date of 4 April 2020. This decision was made in accordance with section 54 of the Fair Work Act 2009. The court's approval ensures that the agreement will be in effect and govern the employment conditions of the employees involved in the manufacturing and associated industries sector for the specified period.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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