DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2017/3053)

CSR BRADFORD BRENDALE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2017

Application for approval of the CSR Bradford Brendale Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Bradford Brendale Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR Limited. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Limited applied to the Fair Work Commission for the approval of the CSR Bradford Brendale Enterprise Agreement 2017. The applicant, a significant employer in the Australian sugar industry, sought the approval of a new enterprise agreement that would replace the existing one. The application involved the negotiation of new terms and conditions of employment for employees covered by the agreement. The dispute centred around the fairness and compliance of the proposed agreement with relevant industrial and legislative frameworks.

The legal issues before the court included whether the proposed agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement, including provisions on minimum wages, penalty rates, and procedural fairness. Additionally, the court had to consider whether the agreement had been fairly negotiated, whether it provided for the proper protection of employee interests, and whether it complied with any relevant industrial instruments. The court also needed to determine if the agreement was in the best interests of the employees, considering their rights, obligations, and the overall fairness of the terms.

The court examined the negotiation process, the content of the proposed agreement, and the evidence provided by both parties. The court found that the agreement was fairly negotiated and contained provisions that adequately protected the interests of the employees. The court also determined that the agreement met the legislative requirements and was in the best interests of the employees. The court was satisfied with the procedural fairness of the negotiation process and the overall fairness of the proposed terms. Consequently, the court approved the CSR Bradford Brendale Enterprise Agreement 2017.

The final orders of the court included the approval of the CSR Bradford Brendale Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until it was terminated or replaced by a new agreement. The court's approval signified its endorsement of the agreement as a fair and reasonable arrangement between the employer and the employees.

CSR Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established