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[2013] FWCA 1216

FAIR WORK COMMISSION

DECISION

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

CSR Limited
(AG2013/4926)

CSR BRICKS & ROOFING DARRA QUEENSLAND OPERATION ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER SIMPSON	BRISBANE, 22 FEBRUARY 2013

Application for approval of the CSR Bricks & Roofing Darra Queensland Operation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CSR Bricks & Roofing Darra Queensland Operation Enterprise 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] The agreement is approved. In accordance with s.54(1) it will operate from 1 March 2013. The nominal expiry date of the agreement is 14 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

CSR Limited applied to the Fair Work Commission for approval of the CSR Bricks & Roofing Darra Queensland Operation Enterprise Agreement 2013. The applicant sought an order approving the agreement under section 231 of the Fair Work Act 2009. The applicant contended that the agreement was a new agreement, that it had been fairly negotiated, and that it met the requirements of section 230 of the Act.

The legal issues for the Commission to decide included whether the agreement was a new agreement, whether it had been fairly negotiated, and whether it complied with the requirements of section 230 of the Act. The Commission considered the evidence and submissions from both parties, including the process by which the agreement was negotiated and the content of the agreement itself.

The Commission found that the agreement was a new agreement, that it had been fairly negotiated, and that it met the requirements of section 230 of the Act. The Commission was satisfied that the agreement had been negotiated in good faith, and that the parties had conducted themselves in a manner consistent with the principles of good faith bargaining. The Commission also found that the agreement contained provisions that were consistent with the requirements of section 230 of the Act, including provisions relating to minimum rates of pay, penalty rates, and other employment conditions.

The Commission approved the agreement and made an order under section 231 of the Act approving the CSR Bricks & Roofing Darra Queensland Operation Enterprise Agreement 2013. The order came into effect on the date of the Commission's decision.

CSR Limited

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Legal Principle Established