DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2018/5521)

CSR LIMITED – VIRIDIAN – ERSKINE PARK – PROCESSING (HOME) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2019

Application for approval of the CSR Limited – Viridian – Erskine Park – Processing (Home) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited – Viridian – Erskine Park – Processing (Home) 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited sought approval of the Enterprise Agreement 2018, which had been negotiated with the union, from the Fair Work Commission. The agreement was designed to govern the employment of workers in the processing division of CSR Limited at the Erskine Park site. The application for approval came before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement 2018 met the procedural and substantive requirements for approval under the Fair Work Act 2009. The Commission considered whether the agreement had been made in good faith, whether the necessary procedural steps had been followed, and whether the agreement provided for terms and conditions that were fair and reasonable. The Commission also considered whether the agreement contained terms that were contrary to public policy or that were otherwise unenforceable.

After considering the evidence and arguments presented by the parties, the Commission found that the Enterprise Agreement 2018 met the requirements for approval. The Commission noted that the agreement had been negotiated in good faith, that the necessary procedural steps had been followed, and that the terms of the agreement were fair and reasonable. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that were otherwise unenforceable. Accordingly, the Commission approved the Enterprise Agreement 2018, which will now govern the employment of workers in the processing division of CSR Limited at the Erskine Park site.

The Fair Work Commission approved the CSR Limited – Viridian – Erskine Park – Processing (Home) Enterprise Agreement 2018, finding that it met the requirements for approval under the Fair Work Act 2009. The agreement will now govern the employment of workers in the processing division of CSR Limited at the Erskine Park site.

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