DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited T/A CSR Lightweight Systems
(AG2017/2774)

CSR LIMITED YARRAVILLE ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 OCTOBER 2017

Application for approval of the CSR Limited Yarraville Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Yarraville Enterprise Bargaining Agreement 2017 (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 Ltd T/A CSR Lightweight Systems. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement at Clause 3.2(c) refers to Attachment B within the Agreement. It has been confirmed by the Applicant that there is no Attachment B and this is an error. I am satisfied that the omission of Attachment B is an error, will not cause financial detriment to any employee covered by the Agreement and that the omission will not result in substantial changes to the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[7] The Agreement was approved on 11 October 2017 and, in accordance with s.54, will operate from 18 October 2017. The nominal expiry date of the Agreement is 11 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Building Products Limited, trading as CSR Lightweight Systems, applied to the Fair Work Commission for approval of the CSR Limited Yarraville Enterprise Bargaining Agreement 2017. The applicant sought to have the agreement registered under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the necessary criteria for approval, including whether it complied with the provisions of the Act and whether it was fair and reasonable.

The court was required to determine if the agreement was a genuine enterprise agreement, if it contained the necessary minimum terms and conditions, and if it was free from any unlawful content. Additionally, the court needed to consider whether the agreement was procedurally sound and whether there was sufficient employee representation during the negotiation process. The court also needed to assess whether the agreement provided for a fair and reasonable outcome for both the employees and the employer.

In examining the application, the court reviewed the negotiation process, the content of the agreement, and the evidence provided by both parties. The court concluded that the agreement was genuinely negotiated and contained all the required minimum terms. The court found that the agreement was fair and reasonable and did not contain any unlawful provisions. The court also confirmed that the negotiation process was procedurally sound and that there was adequate employee representation. Based on these findings, the court approved the agreement, deeming it to be a suitable enterprise bargaining agreement under the Act. The court's decision was based on a comprehensive analysis of the negotiation process, the content of the agreement, and the evidence provided by both parties.

CSR Building Products Limited T/A CSR Lightweight Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established