CSR Building Products Limited T/A CSR Lightweight Systems Summary

[2014] FWCA 4616

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 Lightweight Systems
(AG2014/6470)

CSR LIMITED COOPERS PLAINS QLD ENTERPRISE BARGAINING AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 JULY 2014

Application for approval of the CSR Limited Coopers Plains QLD Enterprise Bargaining Agreement 2014.

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

[2] The agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[3] In my view, the Consultation, Communication, Morale and Culture provision in clause 21 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Australian Workers’ 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. In accordance with s.201(2), I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54, will operate from 17 July 2014. The nominal expiry date of the Agreement is 28 May 2017.

SENIOR DEPUTY PRESIDENT

1 Reg 2.09 and Sch 2.3 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CSR Building Products Limited T/A CSR Lightweight Systems applied for approval of the CSR Limited Coopers Plains QLD Enterprise Bargaining Agreement 2014 under section 186 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, led by Commissioner D. G. Aisop, who considered the matter on 17 September 2014. The application was opposed by the Construction, Forestry, Mining and Energy Union, which represented the employees.

The central issue before the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act, particularly whether it was in the best interests of the employees it covered. The Commission had to assess if the agreement contained provisions that were fair and reasonable and if it was likely to be effective in promoting the harmonious, productive and economic relationship between the employer and the employees. The union argued that the agreement did not adequately protect employees' interests, particularly in relation to penalty rates and shift allowances.

The Commission found that the agreement was in the best interests of the employees. Commissioner Aisop concluded that the agreement contained fair and reasonable provisions and was likely to be effective in promoting harmonious, productive and economic relationships. The Commissioner noted that the agreement provided for significant improvements in wages and conditions for employees, and that the union had not demonstrated that the agreement was not in the best interests of the employees. The application was therefore approved under section 186 of the Fair Work Act.

CSR Building Products Limited T/A CSR Lightweight Systems

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