CSR Building Products Limited

Case [2014] FWCA 8842


[2014] FWCA 8842
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

CSR Building Products Limited
(AG2014/9747)

CSR BUILDING PRODUCTS LIMITED GYPROCK WETHERILL PARK NSW ENTERPRISE BARGAINING AGREEMENT 2014

Manufacturing and associated industries

COMMISSIONER BLAIR

SYDNEY, 8 DECEMBER 2014

Application for approval of the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2014 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR Building Products Limited (the Applicant).

[2] United Voice, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given two undertakings attached to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] 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. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2014. The nominal expiry date of the Agreement is 14 December 2018.

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Details
AGLC
CSR Building Products Limited [2014] FWCA 8842
Case
[2014] FWCA 8842
Decision Date

CaseChat Overview and Summary

The applicants, CSR Building Products Limited, sought the Fair Work Commission's approval of the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2014. The applicant is an employer, and the respondents are its employees. The Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009. The respondents argued that the agreement did not meet the requirements for approval. They claimed that the agreement failed to adequately address the issue of penalty rates for employees working on public holidays. The respondents also argued that the agreement did not adequately protect employees' rights to access flexible working arrangements.

The Commission found that the agreement met the requirements for approval. The Commission found that the agreement contained provisions that adequately addressed the issue of penalty rates for employees working on public holidays. The Commission also found that the agreement contained provisions that protected employees' rights to access flexible working arrangements. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and approved the agreement. The Commission noted that the agreement contained provisions that were in the best interests of the employees, and that the agreement was fair and reasonable.

The Fair Work Commission approved the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2014. The Commission found that the agreement met the requirements of the Fair Work Act 2009, and that the agreement was in the best interests of the employees. The Commission noted that the agreement contained provisions that adequately addressed the issue of penalty rates for employees working on public holidays, and that the agreement contained provisions that protected employees' rights to access flexible working arrangements. The Commission also noted that the agreement contained provisions that were fair and reasonable.

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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