CSR Limited

[2014] FWCA 2204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2014/426)

CSR BRADFORD INSULATION INGLEBURN AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 APRIL 2014

Application for approval of the CSR Bradford Insulation Ingleburn Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CSR Bradford Insulation Ingleburn Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by CSR Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 April 2014. The nominal expiry date of the Agreement is 31 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of CSR Limited, the Fair Work Commission was presented with an application for the approval of the CSR Bradford Insulation Ingleburn Agreement 2013. The applicant, CSR Limited, sought the approval of the agreement under the Fair Work Act 2009, which is intended to establish the terms and conditions of employment for employees of CSR Bradford Insulation Pty Ltd. The dispute centred around the fairness and appropriateness of the terms and conditions set forth in the proposed agreement.

The primary legal issues before the Commission were whether the agreement was a "small business agreement," as defined by the Fair Work Act, and whether the terms of the agreement were fair and reasonable in all respects. A key point of contention was the definition of "small business" and whether CSR Bradford Insulation Pty Ltd qualified as such. Additionally, the Commission had to assess whether the agreement appropriately balanced the interests of both employers and employees, particularly in light of the employees' right to be represented by a union.

The Fair Work Commission examined the criteria for a small business agreement and concluded that CSR Bradford Insulation Pty Ltd did indeed qualify as a small business under the Act. The Commission also found that the agreement provided a fair and reasonable outcome for the employees, taking into account the nature of the business and the specific circumstances of the employees. The Commission emphasised the importance of ensuring that the agreement did not undermine the rights of employees to be represented by a union, and it was satisfied that the proposed agreement adequately protected these rights. Consequently, the Commission approved the CSR Bradford Insulation Ingleburn Agreement 2013.

The final orders of the Commission included the approval of the CSR Bradford Insulation Ingleburn Agreement 2013, subject to certain conditions. These conditions were intended to ensure ongoing compliance with the Fair Work Act and to protect the rights of employees. The approval of the agreement was a significant step in formalising the employment terms for the employees of CSR Bradford Insulation Pty Ltd, providing certainty and clarity in their working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established