DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2018/7215)

CSR LIMITED - VIRIDIAN - INGLEBURN - PROCESSING (COMMERCIAL) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the CSR Limited - Viridian - Ingleburn - Processing (Commercial) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited - Viridian - Ingleburn - Processing (Commercial) 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] 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 lodged contained an error at Clause 4.1 and Clause 22(g)(i). On 19 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Construction, Forestry, Maritime, Mining and Energy 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 27 February 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, CSR Limited and the Construction, Forestry, Maritime, Mining and Energy Union, applied to the Fair Work Commission for the approval of the CSR Limited - Viridian - Ingleburn - Processing (Commercial) Enterprise Agreement 2018. The union is the certified bargaining representative of the relevant employees of CSR Limited. The applicants submitted the agreement to the Commission under section 233 of the Fair Work Act 2009. The union submitted a document outlining its position on the application, and the respondents submitted a document outlining their position. The dispute centred on the fairness of the agreement's terms and conditions for the employees, particularly regarding pay rates, penalties, and the scope of the agreement. The Commission was required to determine whether the agreement was fair and reasonable in all its terms, and whether it complied with the statutory requirements of the Fair Work Act.

The Commission considered the submissions from the applicants and respondents, and conducted a thorough analysis of the agreement's terms and conditions. The Commission found that the agreement was fair and reasonable in all its terms, and that it complied with the statutory requirements of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it addressed the needs and interests of both the employees and the employer. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties, and that it provided for adequate protections for employees in relation to their pay and working conditions.

The Commission approved the agreement under section 233 of the Fair Work Act. The agreement will now be registered by the Registrar of the Fair Work Commission, and will come into effect on the date specified in the agreement. The approval of the agreement will provide certainty and stability for the employees and employer, and will facilitate the efficient operation of the enterprise. The final orders of the Commission were that the agreement be approved, and that it be registered by the Registrar of the Fair Work Commission.

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