CSR Building Products Limited

Case [2016] FWCA 2136


[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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Details
AGLC
CSR Building Products Limited [2016] FWCA 2136
Case
[2016] FWCA 2136
Decision Date

CaseChat Overview and Summary

The Federal Court received an application for approval of the CSR Building Products Limited Fibre Cement Enterprise Bargaining Agreement 2016, made under section 185 of the Fair Work Act 2009. The applicant, CSR Building Products Limited trading as Cemintel CSR, sought approval of the agreement, which is a single enterprise agreement. The agreement in question pertains to the manufacturing and associated industries sector and involves the CSR Building Products Limited Fibre Cement Enterprise.

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

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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