DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited T/A CSR Bricks & Roofing
(AG2014/8324)

CSR LIMITED-HORSLEY PARK PRODUCTION WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	SYDNEY, 8 DECEMBER 2014

Application for approval of the CSR Limited-Horsley Park Production Workers Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the CSR Limited-Horsley Park Production Workers 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.

[2] 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.

[3] The Construction, Forestry, Mining and Energy Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2014. The nominal expiry date of the Agreement is 8 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Building Products Limited, trading as CSR Bricks & Roofing, applied for the approval of the CSR Limited-Horsley Park Production Workers Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The primary dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, specifically whether these terms complied with the relevant industrial legislation and whether they were fair and reasonable.

The court had to determine if the agreement met the statutory requirements for approval, including whether it complied with the Fair Work Act 2009, and whether the agreement provided for terms and conditions that were fair and reasonable. This included assessing the agreement's provisions concerning wages, hours of work, and other employment conditions, as well as whether the agreement appropriately balanced the interests of both the employees and the employer.

The Fair Work Commission carefully reviewed the provisions of the proposed agreement and found that the agreement largely complied with the statutory requirements. The court noted that while some terms required minor adjustments to ensure full compliance, the overall fairness and reasonableness of the agreement were not in question. Consequently, the Commission approved the enterprise agreement with the minor modifications, ensuring it met the necessary legal standards and adequately balanced the interests of the parties involved. The final orders included the approval of the agreement, subject to the specified amendments.

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