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[2013] FWCA 4614

FAIR WORK COMMISSION

DECISION

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

CSR Limited
(AG2013/7342)

CSR LIMITED - SCHOFIELDS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 JULY 2013

Application for approval of the CSR Limited - Schofields Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as CSR Limited - Schofields Enterprise Agreement 2013 (the Agreement).The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 19 July 2013. The nominal expiry date of the Agreement is 31 March 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited recently applied to the Fair Work Commission (FWC) for approval of the CSR Limited – Schofields Enterprise Agreement 2013. The application was made pursuant to section 233 of the Fair Work Act 2009 (Cth). The applicant, CSR Limited, sought to have the agreement approved as a simplified procedure agreement, under section 233(1)(a) of the Act. The dispute arose between CSR Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which was the relevant union representing the employees of CSR Limited.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009 (Cth). Specifically, the FWC had to consider whether the agreement complied with the good faith bargaining provisions in section 179 of the Act, and whether it was appropriate for the agreement to be approved as a simplified procedure agreement. The FWC also had to consider the views of the union and the employees, as well as any other relevant factors.

The FWC found that the agreement did meet the statutory requirements for approval under the Fair Work Act 2009 (Cth). The FWC noted that the agreement had been negotiated in good faith, and that it contained provisions that were fair and reasonable for the employees. The FWC also found that the agreement was appropriate for approval as a simplified procedure agreement, as it met the criteria set out in section 233(1)(a) of the Act. The FWC ultimately approved the proposed enterprise agreement, and the decision was made binding on all parties.

The Fair Work Commission approved the CSR Limited – Schofields Enterprise Agreement 2013 as a simplified procedure agreement, under section 233 of the Fair Work Act 2009 (Cth). The decision was made binding on all parties, and the agreement now constitutes the terms and conditions of employment for the relevant employees. The FWC found that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable for the employees. The approval of the agreement is an important step towards ensuring that the employees of CSR Limited have access to fair and reasonable terms and conditions of employment.

CSR Limited

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