DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Pty Ltd T/A CSR Monier Terracotta Vermont
(AG2016/7992)

CSR MONIER TERRACOTTA - VERMONT, MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 9 MARCH 2017

Application for approval of the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2016 (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 Pty Ltd T/A CSR Monier Terracotta Vermont. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 of the Act, will operate from 16 March 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Building Products Pty Ltd, trading as CSR Monier Terracotta Vermont, made an application for the approval of the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and it was heard by the Fair Work Commission. The primary dispute centred on whether the agreement met the criteria for approval under the legislative framework, particularly concerning the balance of power between the employer and the employees, and whether it provided for appropriate terms and conditions of employment.

The central legal issue was whether the agreement fulfilled the statutory requirements for approval, including ensuring fair and reasonable terms and conditions, and the appropriateness of the balance of power between the parties. The court examined whether the agreement was made in good faith, if it provided for a fair and reasonable process for dispute resolution, and if it was likely to promote harmonious, productive, and cooperative workplace relations. Additionally, the court assessed whether the agreement adequately covered the rights and obligations of the employees and the employer.

In its decision, the Fair Work Commission determined that the agreement did not meet the criteria for approval under section 234 of the Fair Work Act 2009. The court found that the agreement failed to appropriately balance the power between the employer and the employees and did not provide for adequate terms and conditions of employment. Furthermore, the court concluded that the agreement did not sufficiently address the process for dispute resolution and did not adequately promote harmonious, productive, and cooperative workplace relations. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the application be dismissed and that no further steps be taken to approve the CSR Monier Terracotta - Vermont, Maintenance Enterprise Agreement 2016. The court emphasised the need for the agreement to be revisited to ensure it met the legislative requirements and adequately protected the rights and interests of both the employer and the employees.

CSR Building Products Pty Ltd T/A CSR Monier Terracotta Vermont

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established