DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2018/6495)

CSR ROOFING SPRINGVALE OPERATIONS VICTORIA ENTERPRISE AGREEMENT 2018

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2019

Application for approval of the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CSR Limited, the applicant, seeking approval for the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2018. The application was lodged with the Fair Work Commission. The dispute centred around whether the agreement met the legal requirements for approval, including compliance with the Fair Work Act 2009, and whether it appropriately covered the terms and conditions of employment for the workers involved. The commission was tasked with assessing whether the agreement provided a safety net for employees and whether the process for its negotiation was fair and appropriate.

The legal issues revolved around whether the agreement was made in good faith and whether it contained all the required terms and conditions as mandated by the Fair Work Act. Additionally, the commission had to determine if the agreement would provide a safety net of minimum entitlements for the employees and whether the process for the agreement's negotiation was appropriate and fair. The court also considered whether CSR Limited had met the requirements for bargaining representative status and if the agreement was made without coercion, undue influence, or repudiation.

In its decision, the Fair Work Commission found that the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2018 met the necessary criteria for approval. The commission confirmed that the agreement provided a safety net of minimum entitlements for employees and that it was made in good faith. The process for negotiating the agreement was deemed fair and appropriate, and CSR Limited was found to have met the requirements for bargaining representative status. The commission concluded that there were no grounds for refusing the application and approved the agreement as compliant with the Fair Work Act.

CSR Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established