DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products T/A CSR Lightweight Systems Cemintel Fibre Cement Systems & Gyprock Plasterboard
(AG2016/1272)

CSR LIMITED WELSHPOOL WA ENTERPRISE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the CSR Limited Welshpool WA Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Welshpool WA Enterprise Bargaining 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 T/A CSR Lightweight Systems Cemintel Fibre Cement Systems & Gyprock Plasterboard. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 31 June 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of CSR Building Products T/A CSR Lightweight Systems Cemintel Fibre Cement Systems & Gyprock Plasterboard, the Fair Work Commission (FWC) was tasked with approving the CSR Limited Welshpool WA Enterprise Bargaining Agreement 2016. The application for approval was made by CSR Building Products, seeking the endorsement of the agreement reached between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the FWC involved determining if the agreement complied with the statutory requirements for enterprise agreements, including whether it provided for a fair and efficient workplace and if it covered the appropriate bargaining units. Additionally, the FWC had to assess if the agreement was made in good faith and whether it included appropriate dispute resolution mechanisms. The FWC also considered whether the agreement provided for a modern award and any other matters prescribed by the regulations.

In rendering its decision, the FWC examined the provisions of the agreement, the submissions from both parties, and relevant precedents. The FWC concluded that the CSR Limited Welshpool WA Enterprise Bargaining Agreement 2016 met all the criteria for approval. The agreement was deemed to provide for a fair and efficient workplace, covered the appropriate bargaining units, and was made in good faith. Furthermore, the FWC found that the agreement contained adequate dispute resolution mechanisms and incorporated a modern award. Consequently, the FWC approved the agreement.

The FWC's final orders included the approval of the CSR Limited Welshpool WA Enterprise Bargaining Agreement 2016, which will now apply to the employees of CSR Building Products covered by the agreement. The decision ensures that the terms and conditions of employment, including wages, hours of work, and other employment-related matters, are governed by the approved agreement.

CSR Building Products T/A CSR Lightweight Systems Cemintel Fibre Cement Systems & Gyprock Plasterboard

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established