CSR Building Products Ltd T/A CSR Bricks & Roofing

[2022] FWCA 3901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

CSR Building Products Ltd T/A CSR Bricks & Roofing

(AG2022/4450)

CSR LTD - HEBEL 2022 ENTERPRISE AGREEMENT

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 NOVEMBER 2022

Application for approval of the CSR LTD - HEBEL 2022 ENTERPRISE AGREEMENT

An application has been made for approval of an enterprise agreement to be known as the CSR LTD - HEBEL 2022 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 LTD (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 3 November 2022. 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 14 November 2022. The nominal expiry date of the Agreement is 18 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval was brought by CSR Building Products Limited, trading as CSR Bricks & Roofing, seeking validation of the CSR LTD - Hebel 2022 Enterprise Agreement. This agreement aimed to regulate the terms and conditions of employment for its employees. The matter was heard by the Fair Work Commission, an industrial relations tribunal in Australia, tasked with overseeing and approving enterprise agreements to ensure they meet the criteria set forth in the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly sections concerning the negotiation process and the substantive provisions of the agreement. The Commission needed to verify if the agreement had been genuinely negotiated, if it contained the appropriate provisions, and whether it provided adequate protections for employees. Additionally, the Commission had to ensure that the agreement did not disadvantage employees more than their applicable award or registered agreement.

Upon review, the Fair Work Commission determined that the CSR LTD - Hebel 2022 Enterprise Agreement had been genuinely negotiated and met all statutory requirements. The agreement included provisions that covered key employment terms such as wages, hours of work, leave entitlements, and other conditions of employment. The Commission found that the agreement provided fair and reasonable protections for employees and did not disadvantage them relative to their applicable award or any registered agreement. Consequently, the Commission approved the agreement under section 173 of the Fair Work Act.

In its decision, the Fair Work Commission approved the CSR LTD - Hebel 2022 Enterprise Agreement, effective from the date of the decision. This approval allows the agreement to be registered and enforceable, providing a clear framework for the employment relationship between CSR Building Products Limited and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established