Csr Building Products Limited Trading AS Csr Hebel Summary

[2025] FWCA 2695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Csr Building Products Limited Trading AS Csr Hebel

(AG2025/2526)

CSR HEBEL 2025 ENTERPRISE AGREEMENT

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 AUGUST 2025

Application for approval of the CSR Hebel 2025 Enterprise Agreement

An application has been made for approval of an enterprise agreement to be known as the CSR Hebel 2025 Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CSR Building Products Limited Trading AS CSR Hebel (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 6 August 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Concrete Products Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 18 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Csr Building Products Limited trading as Csr Hebel, which sought approval for the CSR Hebel 2025 Enterprise Agreement. The agreement was submitted for consideration by the Commission, which was tasked with determining its merits and ensuring it complied with relevant legislative requirements. The application for approval was made under the Fair Work Act 2009, which outlines the procedures and criteria for enterprise agreements.

The central legal issues revolved around whether the CSR Hebel 2025 Enterprise Agreement met the statutory requirements set out in the Fair Work Act. Specifically, the Commission needed to ascertain if the agreement contained all the necessary provisions, if it was made in good faith and without coercion, and if it provided for the proper operation of the enterprise. Additionally, the Commission had to evaluate whether the agreement complied with the 'better off overall test', ensuring that it did not disadvantage employees relative to their previous conditions.

The Commission carefully reviewed the contents of the CSR Hebel 2025 Enterprise Agreement, taking into account the submissions from both parties. The agreement was found to be comprehensive and in compliance with the statutory obligations. The Commission concluded that the agreement was made in good faith, was free from coercion, and provided for the proper operation of the enterprise. Furthermore, it met the better off overall test, ensuring that employees would not be worse off as a result of the new agreement. Consequently, the Fair Work Commission approved the CSR Hebel 2025 Enterprise Agreement, recognising it as a valid and legally binding document.

The Fair Work Commission's decision to approve the CSR Hebel 2025 Enterprise Agreement was based on its thorough assessment of the agreement's compliance with the Fair Work Act. The Commission's approval ensures that the agreement will now govern the terms and conditions of employment for the relevant employees, providing a clear framework for both employers and employees to follow. This decision underscores the importance of enterprise agreements in facilitating fair and productive workplace relationships.

Csr Building Products Limited Trading AS Csr Hebel

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established