DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited t/a CSR Monier Terracotta
(AG2020/2681)

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 SEPTEMBER 2020

Application for approval of the CSR Monier Roofing - Vermont, Operators Enterprise Agreement 2020

[1] CSR Building Products Limited, which trades as CSR Monier Terracotta, has made an application for approval of an enterprise agreement known as the CSR Monier Roofing - Vermont, Operators Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Construction, Forestry, Maritime, 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. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 September 2020 and, in accordance with s 54, will operate from 2 October 2020. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Building Products Limited, trading as CSR Monier Terracotta, has applied for the approval of the CSR Monier Roofing - Vermont, Operators Enterprise Agreement 2020. This application was made to the Fair Work Commission (FWC) to ensure that the proposed agreement complies with the provisions of the Fair Work Act 2009 (Cth). The primary dispute centred around whether the terms of the proposed agreement appropriately balance the rights and interests of the employees and the employer.

The legal issues before the FWC were whether the proposed agreement met the requirements for simplification, whether it complied with the process requirements for approval, and whether it satisfied the "better off overall test" as stipulated in the Fair Work Act. The FWC also needed to consider whether the agreement adequately covered the minimum terms and conditions required by the Act. The application involved assessing whether the proposed agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms for the employees and the employer.

The FWC determined that the proposed agreement was in accordance with the requirements of the Fair Work Act. The Commission found that the agreement had been made in good faith and had been sufficiently simplified. It was also noted that the agreement had been made following the necessary processes, and the parties had engaged in good faith bargaining. The FWC concluded that the proposed agreement met the "better off overall test" as it provided for terms that were at least as good as, or better than, the relevant award or safety net award. Consequently, the FWC approved the CSR Monier Roofing - Vermont, Operators Enterprise Agreement 2020.

CSR Building Products Limited t/a CSR Monier Terracotta

DECISION

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