DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2016/6848)

CSR BRADFORD SCORESBY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the CSR Bradford Scoresby Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSR Bradford Scoresby 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 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The United Voice 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 it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2017. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of CSR Limited, the Fair Work Commission was tasked with approving the CSR Bradford Scoresby Enterprise Agreement 2016. The application arose from negotiations between CSR Limited and the Maritime Union of Australia, which sought to establish terms and conditions for workers employed at CSR’s Bradford Scoresby facility. The dispute centred on whether the proposed agreement adequately covered the necessary provisions and complied with relevant industrial laws.

The legal issues before the Commission involved the scrutiny of the enterprise agreement’s provisions to ensure compliance with the Fair Work Act 2009. This included verifying that the agreement addressed minimum entitlements, provided for fair and reasonable terms, and did not contravene any provisions of the Act. Additionally, the Commission examined whether the agreement had been made in good faith and whether it provided for adequate dispute resolution mechanisms.

The Commission, after reviewing the submissions and evidence presented by both parties, found that the proposed agreement met the statutory requirements. It was concluded that the agreement contained all the mandatory terms and conditions as prescribed by the Fair Work Act 2009 and did not include any provisions that were against the public interest. The Commission also found that the agreement was made in good faith and provided for appropriate dispute resolution mechanisms. Consequently, the application for approval of the CSR Bradford Scoresby Enterprise Agreement 2016 was successful.

The Fair Work Commission approved the CSR Bradford Scoresby Enterprise Agreement 2016, effective from the date of the decision. The approval meant that the agreement would govern the terms and conditions of employment for the workers covered by the agreement, subject to any further orders that may be made in relation to the agreement. The decision highlighted the importance of ensuring that enterprise agreements comply with industrial laws and adequately cover the necessary terms and conditions for fair and reasonable employment.

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