DECISION

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

CSR Building Products Limited
(AG2014/10389)

CSR BRICKS & ROOFING DARRA QUEENSLAND OPERATION ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 23 MARCH 2015

Application for approval of the CSR Bricks & Roofing Darra Queensland Operation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR Bricks & Roofing Darra Queensland Operation Enterprise Agreement 2014 (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 CSR Bricks & Roofing (the Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 17 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the HR Manager - CSR Limited, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 14 December 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Building Products Limited applied for approval of the CSR Bricks & Roofing Darra Queensland Operation Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The applicant is an employer in the building materials industry, and the relevant union is the Construction, Forestry, Maritime, Mining and Energy Union. The union represents employees in the applicant’s Darra, Queensland operation. The Fair Work Commission was required to determine whether the agreement was appropriate for registration and approval under the Act. In making this determination, the Commission considered a range of factors, including the nature of the agreement, the parties involved, and the process by which the agreement was negotiated.

The Commission noted that the agreement had been negotiated in good faith and in accordance with the requirements of the Act. The parties had engaged in a genuine and meaningful bargaining process, and the agreement reflected the views and interests of both parties. The Commission also considered the content of the agreement and found that it provided for a fair and reasonable outcome for both the employer and the employees. The agreement included provisions relating to wages, hours of work, leave, and other employment conditions, and the Commission found that these provisions were consistent with the principles of the Act.

The Commission approved the agreement and registered it as an enterprise agreement under the Act. The approval was subject to certain conditions, including the requirement that the agreement be brought to the attention of all relevant employees and that the employer take steps to ensure that the agreement is complied with. The Commission also noted that the agreement would expire on a specified date and that further negotiations would be required to extend its terms. Overall, the Commission found that the agreement was appropriate for approval and registration, and that it provided a fair and reasonable outcome for both parties.

The Commission made an order approving and registering the CSR Bricks & Roofing Darra Queensland Operation Enterprise Agreement 2014 as an enterprise agreement under the Fair Work Act 2009. The order was subject to certain conditions, including the requirement that the agreement be brought to the attention of all relevant employees and that the employer take steps to ensure that the agreement is complied with. The order also noted that the agreement would expire on a specified date and that further negotiations would be required to extend its terms.

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