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[2024] FWCA 3454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSR Limited

(AG2024/3516)

CSR BRADFORD BRENDALE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 2 OCTOBER 2024

Application for approval of the CSR Bradford Brendale Enterprise Agreement 2024

CSR Limited has applied for approval of a single enterprise agreement known as the CSR Bradford Brendale Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 9 October 2024. The nominal expiry date of the Agreement is 18 July 2027.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved CSR Limited and the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). CSR Limited sought approval for the CSR Bradford Brendale Enterprise Agreement 2024, which was intended to replace the existing enterprise agreement. The union opposed the application on several grounds, primarily arguing that the new agreement did not provide adequate protections for employees and that it failed to meet the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be approved in light of these objections.

The legal issues before the Commission centred on the compliance of the proposed agreement with the statutory framework governing enterprise agreements under the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it provided for a safety net of minimum entitlements, and whether it complied with the good faith bargaining requirements. The union contended that the agreement failed to offer sufficient protections in several areas, including redundancy, wages, and conditions of employment. CSR Limited, on the other hand, argued that the agreement was a product of genuine bargaining and that it met all legislative requirements.

After a thorough examination of the evidence and arguments presented by both parties, the Commission found that the proposed agreement was indeed made in good faith and provided for the minimum entitlements as required by the Act. The Commission held that the agreement contained provisions that were no less favourable than the applicable award or registered agreement and were consistent with the principles of the Fair Work Act. The Commission also found that the bargaining process had been genuine and that the union had been given adequate opportunity to negotiate the terms of the agreement. Consequently, the Commission approved the CSR Bradford Brendale Enterprise Agreement 2024, dismissing the union's objections.

The Commission's decision resulted in the approval of the enterprise agreement, which now governs the employment conditions of CSR Limited's workforce at the Bradford Brendale site. The union's objections were dismissed, and the agreement is now in force, replacing the previous enterprise agreement. This outcome signifies a resolution to the dispute and sets the terms under which employees will be engaged for the duration of the new agreement.

CSR Limited

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