DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited T/A CSR Monier Terracotta
(AG2019/4913)

CSR MONIER TERRACOTTA - VERMONT, MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 JANUARY 2020

Application for approval of the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2019 (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 Monier Terracotta. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and in accordance with s.54, will operate from 23 January 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Building Products Limited, trading as CSR Monier Terracotta, applied to the Fair Work Commission for the approval of the CSR Monier Terracotta – Vermont, Maintenance Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for maintenance workers employed at the Vermont facility. The applicants sought the Commission's endorsement of the agreement to ensure its enforceability under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the procedural fairness requirements of section 232 of the Fair Work Act, and whether it complied with the substantive provisions of the Act, including the modern awards applicable to the employees. The Commission had to consider if the agreement provided for a fair and reasonable outcome for both the employees and the employer, and if it was negotiated in good faith.

The Fair Work Commission found that the application satisfied the procedural fairness requirements, as the negotiation process was transparent, and there was sufficient opportunity for the parties to engage in meaningful discussions. The Commission also concluded that the agreement met the substantive requirements of the Act, including the preservation of the minimum entitlements provided under the relevant modern awards. The Commission approved the agreement, recognising that it provided a fair and reasonable outcome for both the employees and the employer.

As a result of the Commission's decision, the CSR Monier Terracotta – Vermont, Maintenance Enterprise Agreement 2019 was approved and is now a legally binding document. The terms and conditions outlined in the agreement will govern the employment of maintenance workers at the Vermont facility, ensuring a fair and reasonable outcome for both the employees and the employer.

CSR Building Products Limited T/A CSR Monier Terracotta

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established