CSR Building Products Limited

[2014] FWCA 6336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited
(AG2014/7181)

CSR LIMITED BRICKS AND ROOFING ROSEHILL NEW SOUTH WALES OPERATION COLLECTIVE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the CSR Limited Bricks and Roofing Rosehill New South Wales Operation Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Bricks and Roofing Rosehill New South Wales Operation Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 31 march 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Building Products Limited applied to the Fair Work Commission for approval of a collective agreement governing the terms and conditions of employment for employees in the Bricks and Roofing Rosehill New South Wales Operation for the period 2014-2017. The application was made under section 234 of the Fair Work Act 2009. The primary dispute centred on whether the collective agreement met the legislative requirements for approval, particularly in relation to provisions concerning wages, conditions of employment, and dispute resolution mechanisms.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, as mandated by section 235 of the Act. The Commission had to consider the balance of rights and obligations of the parties, the fairness of the provisions in the context of contemporary industrial relations, and whether the agreement complied with any relevant industrial awards or orders. Additionally, the Commission examined whether the agreement contained any provisions that were contrary to public policy or that could lead to exploitation of employees.

The Commission found that the collective agreement was fair and reasonable in all respects. It was noted that the agreement was negotiated in good faith and provided for a comprehensive set of terms and conditions that were considered fair and reasonable in the context of the industry. The Commission highlighted that the agreement contained provisions for wage increases, entitlements, and dispute resolution mechanisms that were in line with contemporary industrial relations standards. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or that could lead to exploitation of employees. The application for approval was subsequently granted.

The Commission ordered the approval of the CSR Limited Bricks and Roofing Rosehill New South Wales Operation Collective Agreement 2014-2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified period. The Commission's decision provided certainty for both the employer and employees, ensuring that the agreement was legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established