DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSR Limited
(AG2016/1287)

CSR EDMONDS VENTILATION SEVEN HILLS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the CSR Edmonds Ventilation Seven Hills Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSR Edmonds Ventilation Seven Hills 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] 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. 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.

[3] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 23 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CSR Limited sought approval for the CSR Edmonds Ventilation Seven Hills Enterprise Agreement 2016. This agreement was part of a series of agreements between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose when certain stakeholders contested the terms of the agreement, leading to the application for approval.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement met the requirements for an enterprise agreement under the Act, including provisions for minimum entitlements, procedural fairness, and the rights of employees to be consulted.

The Fair Work Commission found that the agreement was made in good faith and without coercion. The Commission determined that the agreement contained all necessary provisions, including minimum entitlements and procedural fairness. The Commission concluded that the agreement met the statutory requirements and approved it, noting the careful consideration of employee and employer interests. The Commission's decision was based on the comprehensive nature of the agreement and its alignment with the statutory framework.

The final orders of the Commission included the approval of the CSR Edmonds Ventilation Seven Hills Enterprise Agreement 2016, effective from the date of the decision. The agreement was deemed to be a valid enterprise agreement under the Fair Work Act 2009, and the Commission's approval was granted on the basis of compliance with all relevant legal requirements.

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