CSR Building Products Limited T/A CSR Limited

[2021] FWCA 5812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited T/A CSR Limited
(AG2021/6997)

CSR LIMITED (MONIER) QUEENSLAND OPERATION ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2021

Application for approval of the CSR Limited (Monier) Queensland Operation Enterprise Agreement 2020 - 2023

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited (Monier) Queensland Operation Enterprise Agreement 2020-2023 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2021. The nominal expiry date of the Agreement is 14 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, CSR Building Products Limited, trading as CSR Limited, sought approval of the Monier Queensland Operation Enterprise Agreement 2020-2023. The application arose as the current agreement was due to expire, and the parties had reached a new agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission involved assessing whether the agreement provided for the employees' terms and conditions of employment fairly, including pay and conditions, and whether the agreement was free from any invalid provisions.

The Commission considered whether the agreement was genuinely negotiated and whether it provided for fair terms and conditions of employment. CSR Limited submitted that the agreement was the result of genuine negotiations and provided for fair terms and conditions. The Commission examined the negotiation process and the contents of the agreement. The Commission found that the negotiation process was genuine, and the agreement contained fair terms and conditions. The Commission also found that the agreement did not contain any invalid provisions.

The Fair Work Commission approved the CSR Limited (Monier) Queensland Operation Enterprise Agreement 2020-2023. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for fair terms and conditions of employment and did not contain any invalid provisions. The Commission was satisfied that the agreement was genuinely negotiated and would provide for the employees' terms and conditions of employment fairly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established