CSR Limited

[2014] FWCA 1806

FAIR WORK COMMISSION

DECISION

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

CSR Limited
(AG2014/512)

CSR LIMITED VIRIDIAN VICTORIAN FACTORY AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 MARCH 2014

Application for approval of the CSR Limited Viridian Victorian Factory Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Victorian Factory Agreement 2013 (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.

[3] In my view, the Consultation provision in clause 30 of the Agreement is not a consultation term which meets the requirements of s.205(1)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family-friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (Item 5(2) of Part 4 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 25 March 2013. The nominal expiry date of the Agreement is 30 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited applied for the approval of the CSR Limited Viridian Victorian Factory Agreement 2013. The application was before the Fair Work Commission, which is tasked with the regulation of workplace relations in Australia. The dispute centred on whether the agreement provided for the fair treatment of employees and adhered to the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for "fairness" as outlined in the Act. This involved assessing if the agreement ensured that employees were not disadvantaged in comparison to those not covered by the agreement, and whether it provided for adequate mechanisms for resolving disputes. The Commission also needed to determine if the agreement sufficiently protected employees' rights and interests.

The Fair Work Commission examined the agreement in detail, considering the provisions related to wages, conditions, dispute resolution, and other employee protections. The Commission concluded that the agreement did not adequately protect employees' rights and interests, particularly in relation to the dispute resolution mechanisms. Consequently, the application for approval was dismissed. The Commission found that the agreement did not meet the statutory requirements for fairness and did not provide the necessary protections to employees, particularly in resolving disputes.

The Fair Work Commission dismissed the application for approval of the CSR Limited Viridian Victorian Factory Agreement 2013. The Commission directed that the agreement be returned to the parties for further negotiation and amendment to ensure compliance with the statutory requirements for fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established