DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited T/A CSR Bricks & Roofing
(AG2015/210)

CSR MONIER TERRACOTTA- VERMONT, MAINTENANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 MARCH 2015

Application for approval of the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by CSR Building Products Limited T/A CSR Bricks & Roofing. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the superannuation provisions of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[3] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Act. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 26 March 2015. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

In the matter of CSR Building Products Limited trading as CSR Bricks & Roofing, the applicant sought the approval of the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2014. The case was heard by the Fair Work Commission, with the applicant seeking the necessary certification to ensure the agreement was legally binding on the parties involved. The respondents included various employee groups who were party to the agreement.

The primary legal issue before the Commission was whether the agreement met the requisite standards under the Fair Work Act 2009. This included ensuring the agreement was appropriately negotiated, covered essential terms and conditions of employment, and did not include any terms that were contrary to the principles of the Act. The Commission also had to determine if the agreement appropriately addressed the needs and interests of the employees and whether the process of negotiation was fair and genuine.

In examining the agreement, the Commission found that the negotiation process adhered to the statutory requirements, with all parties participating in good faith. The agreement was comprehensive, covering all necessary terms and conditions, and did not contain any provisions that were detrimental to the employees. The Commission concluded that the agreement was appropriately negotiated and met the legal standards required for certification. The interests of the employees were adequately represented, and the agreement was deemed to be in the best interests of all parties involved.

The Fair Work Commission approved the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2014, certifying it as a registered enterprise agreement under the Fair Work Act 2009. This decision provided the necessary legal framework for the agreement to be enforceable, ensuring that the terms and conditions outlined within it would govern the employment relationship between CSR Building Products Limited and the employees covered by the agreement.

CSR Building Products Limited T/A CSR Bricks & Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established