CSR Limited

[2014] FWCA 5396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2014/1452)

CSR LIMITED DEVONPORT SALES CENTRE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 AUGUST 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the CSR Limited Devonport Sales Centre Agreement 2014 (the Agreement). The application was made by CSR Limited pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 Agreement is approved, and, in accordance with s.54 of the Act, will operate from 15 August 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

In the Fair Work Commission, CSR Limited applied for approval of the CSR Limited Devonport Sales Centre Agreement 2014. The application was made by CSR Limited, and the respondents were the Australian Manufacturing Workers' Union and several employees. The primary dispute centred around the terms of the proposed enterprise agreement, particularly the classification and remuneration of certain employees within the Devonport Sales Centre. The application was heard and determined by the Fair Work Commission, with Commissioner McCabe presiding.

The central legal issues before the Commission were whether the proposed agreement was an appropriate enterprise agreement, whether it complied with the relevant statutory provisions, and if the agreement was fairly and properly negotiated. The Commission had to examine the procedural fairness of the bargaining process and the substantive fairness of the agreement's terms. Additionally, the Commission needed to consider the impact of the agreement on the employees and the broader operations of CSR Limited.

The Commission found that the agreement was appropriately negotiated and complied with the necessary legal requirements. The Commission was satisfied that the bargaining process was procedurally fair, and the agreement's terms were substantively fair. The Commission noted that the agreement provided for reasonable classification and remuneration structures, which balanced the interests of both the employer and the employees. The Commission also considered the potential impact of the agreement on the operations of CSR Limited and concluded that it would not unduly harm the business. Based on these findings, the Commission approved the CSR Limited Devonport Sales Centre Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established