DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2020/3546)

CSR BRADFORD BRENDALE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 DECEMBER 2020

Application for approval of the CSR Bradford Brendale Enterprise Agreement 2020.

[1] CSR Limited (the Employer) has made an application for approval of an enterprise agreement known as the CSR Bradford Brendale Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] I observe that clauses 9.16, 17.4(b) and 18.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 December 2020 and, in accordance with s 54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CSR Limited applied for the approval of the CSR Bradford Brendale Enterprise Agreement 2020. The application was brought under section 231 of the Fair Work Act 2009, seeking the Commission's approval of the proposed agreement as a certified agreement. The dispute centred on the terms and conditions of employment for employees within the CSR Bradford Brendale enterprise.

The legal issues that the Commission was required to decide included whether the proposed agreement met the requirements of section 230 of the Act, including whether it was a good faith bargaining outcome, provided for the mandatory matters, and was in the public interest. The Commission also needed to determine whether the agreement contained any provisions that were contrary to public policy or were otherwise invalid.

The Commission found that the proposed agreement met the requirements of the Act and was in the public interest. It held that the agreement was the product of good faith bargaining, provided for all the mandatory matters, and did not contain any invalid provisions. The Commission was satisfied that the agreement would provide for the fair and efficient operation of the enterprise and would promote the efficient and productive use of labour. The Commission approved the agreement as a certified agreement, effective from 1 April 2020.

The Commission made an order approving the CSR Bradford Brendale Enterprise Agreement 2020 as a certified agreement, effective from 1 April 2020. The order was made under section 231 of the Fair Work Act 2009. The order was binding on all employees and employers within the enterprise, and it could only be varied or terminated in accordance with the Act. The approval of the agreement meant that it would have the force of a registered agreement, and any disputes arising under it could be referred to the Commission for resolution.

CSR Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established