CSR Limited

[2024] FWCA 3175

[2024] FWCA 3175

The attached document replaces the document previously issued with the above code on 4 September 2024.

Removed additional text from title of Agreement at the top of the Decision

Associate to Commissioner Hunt

Dated 19 September 2024

[2024] FWCA 3175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CSR Limited

(AG2024/3082)

CSR LIMITED COOPERS PLAINS QLD ENTERPRISE BARGAINING AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 4 SEPTEMBER 2024

Application for approval of the CSR Limited Coopers Plains QLD Enterprise Bargaining Agreement 2024

1. CSR Limited (the Employer) has applied for approval of an enterprise agreement known as CSR Limited Coopers Plains QLD Enterprise Bargaining Agreement 2024 (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. 

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 February 2024 and the Agreement was made on 31 July 2024. Accordingly, the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (the AWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide views. No views were provided.

1. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. The Notice of Employee Representations Rights that was distributed to the employees appears to be an out-of-date version. However, pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical error made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

1. I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 of the Fair Work Regulations 2009 is attached to the Agreement and is taken to be a term of it.

1. The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ right term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 [MA000010] is attached to the Agreement and taken to be a term of it.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The AWU 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) of the Act, I note the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2024. The nominal expiry date of the Agreement is 4 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE525974  PR778886>

ANNEXURE A