DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Bradford Insulation
(AG2019/1094)

CSR BRADFORD CONSTRUCTION FABRICS SCORESBY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2019

Application for approval of the CSR Bradford Construction Fabrics Scoresby Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the CSR Bradford Construction Fabrics Scoresby Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CSR Limited T/A Bradford Insulation.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] United Voice 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 9 May 2019. The nominal expiry date of the Agreement is 7 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Limited, trading as Bradford Insulation, applied for approval of the CSR Bradford Construction Fabrics Scoresby Enterprise Agreement 2018. The matter was heard in the Fair Work Commission. The applicant, Bradford Insulation, sought the Commission’s approval for the enterprise agreement, which was negotiated between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU opposed the approval, arguing that the agreement did not provide adequate protections for employees, particularly regarding redundancy and termination provisions.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided a safety net of minimum entitlements, allowed for individual flexibility, and was free from provisions that were contrary to public policy. The CFMEU contended that certain clauses in the agreement failed to meet these criteria, particularly regarding the handling of redundancies and terminations.

The Commission found that the majority of the agreement met the statutory requirements and provided a safety net of minimum entitlements. However, the Commission did identify issues with specific clauses related to redundancy and termination provisions. The Commission ultimately approved the agreement with some modifications to these clauses to ensure they complied with the statutory requirements and did not contravene public policy. The amendments included clearer definitions and more explicit provisions for redundancy payments and termination notices.

The Fair Work Commission approved the enterprise agreement with the specified modifications to the redundancy and termination clauses. The Commission mandated these changes to ensure the agreement met the legislative requirements and maintained a fair balance between the interests of the employer and employees.

CSR Limited T/A Bradford Insulation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established