CSR Limited

[2013] FWCA 654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2013/4358)

CSR ENERGY SOLUTIONS DANDENONG ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 JANUARY 2013

Application for approval of the CSR Energy Solutions Dandenong Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the CSR Energy Solutions Dandenong Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by CSR Limited. The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and United Voice.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 5 February 2013. The nominal expiry date of the Agreement is 4 February 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CSR Limited applied for the approval of the CSR Energy Solutions Dandenong Enterprise Agreement 2012. The application was made by the employer under section 230 of the Fair Work Act 2009, seeking to have the agreement registered as a single-enterprise agreement. The applicant sought approval of the agreement on the basis that it met the requirements of the Act and that it had been made in good faith.

The legal issues before the Commission were whether the agreement complied with the provisions of the Act and whether it had been made in good faith. The Commission considered the provisions of the Act that relate to the making of single-enterprise agreements and the requirements for good faith bargaining. The Commission also considered the evidence of the parties and the processes that were followed in the making of the agreement.

After considering the evidence and arguments of the parties, the Commission found that the agreement complied with the provisions of the Act and had been made in good faith. The Commission noted that the agreement had been negotiated over a period of several months, with multiple meetings between the parties and their representatives. The Commission also found that the agreement contained provisions that were consistent with the objectives of the Act, including provisions relating to wages, conditions of employment, and dispute resolution.

The Commission approved the CSR Energy Solutions Dandenong Enterprise Agreement 2012, and it was registered as a single-enterprise agreement on 16 November 2012. The agreement will apply to all employees of CSR Energy Solutions Dandenong who are covered by the agreement, and it will remain in force until it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established