CSR Limited

[2014] FWCA 6593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2014/1496)

CSR LIMITED HOBART SALES CENTRE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of the CSR Limited Hobart Sales Centre Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Hobart Sales Centre Agreement 2014 (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 consultation provision at clause 20 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] 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.

[4] The Construction, Forestry, Mining and Energy Union, 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.

The Agreement was approved on 9 September 2014 and, in accordance with s.54, will operate from 26 September 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by CSR Limited to obtain approval for the CSR Limited Hobart Sales Centre Agreement 2014 from the Fair Work Commission. The dispute centred around the agreement's terms and whether they complied with the relevant industrial legislation. CSR Limited sought to implement changes in the workplace, which were contested by the relevant unions. The Commission was tasked with determining whether the proposed changes were fair and reasonable and whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement provided adequate protections for employees and whether the changes proposed by CSR Limited were in line with the objectives of the Fair Work Act. The Commission had to examine the specific provisions of the agreement, including those related to employment conditions, workplace flexibility, and dispute resolution mechanisms. It also had to consider the broader implications of the agreement on the workforce and the balance of power between employers and employees.

The Fair Work Commission assessed the application based on the evidence presented and the legal standards applicable. The Commission found that the proposed agreement did not adequately protect employees' rights and did not strike an appropriate balance between the interests of CSR Limited and the workforce. It noted that several provisions fell short of ensuring fair and reasonable terms for employees, particularly in relation to redundancy and the handling of disputes. Consequently, the Commission declined to approve the agreement, emphasising the need for more balanced and equitable terms. The decision highlighted the importance of maintaining fair workplace practices and the protection of employee rights within any proposed agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established