CSR Building Products Limited T/A CSR Bricks & Roofing Summary

[2014] FWCA 3159

FAIR WORK COMMISSION

DECISION

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

CSR Building Products Limited T/A CSR Bricks & Roofing
(AG2014/898)

CSR LIMITED - SCHOFIELDS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 MAY 2014

Application for approval of the CSR Limited - Schofields Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited - Schofields Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 22 May 2014. The nominal expiry date of the Agreement is31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of CSR Building Products Limited trading as CSR Bricks & Roofing, the Fair Work Commission was presented with an application for the approval of the CSR Limited - Schofields Enterprise Agreement 2014. The applicant, CSR Building Products Limited, sought approval of the agreement as a registered agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement, which was to be applied to employees at the Schofields site.

The legal issues before the Commission included whether the agreement met the Fair Work Act's requirements for registration, including the provisions for employee representation, good faith bargaining, and the absence of any provisions that would undermine the rights of employees. The Commission also considered whether the agreement contained unfair terms and conditions that would warrant refusal of registration. Another aspect of the decision involved the fairness and appropriateness of the agreement in light of the broader labour market and economic conditions.

In delivering its decision, the Commission examined the process through which the agreement was negotiated and the adequacy of the representation of employees. The Commission concluded that the agreement was the product of genuine good faith bargaining and that it was fair and appropriate. The Commission noted the efforts made by the parties to reach a consensus and the absence of any procedural irregularities. Furthermore, the Commission determined that the terms of the agreement were not unfair and did not contravene any provisions of the Fair Work Act. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the CSR Limited - Schofields Enterprise Agreement 2014, and it was registered under the Fair Work Act. This decision ensures that the terms and conditions of employment as outlined in the agreement are legally binding on the parties and provide a framework for the industrial relationship between the employer and the employees at the Schofields site.

CSR Building Products Limited T/A CSR Bricks & Roofing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established