CSR Limited T/A Bradford Insulation

[2021] FWCA 5625

[2021] FWCA 5625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Bradford Insulation
(AG2021/6760)

CSR LIMITED CONSTRUCTION FABRICS SCORESBY ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 8 SEPTEMBER 2021

Application for approval of the CSR Limited Construction Fabrics Scoresby Enterprise Agreement 2020.

[1] CSR Limited T/A Bradford Insulation (the Employer) has made an application for the approval of the CSR Limited Construction Fabrics Scoresby Enterprise Agreement 2020 (the Agreement). The application was made under 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 which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

● Clause 17.14 – Redundancy (Apprentices)
● Clause 25.1(b) – Day workers: variation to hours of work

[5] Noting the undertaking provided by the Applicant, I am satisfied the definition of shiftworker as required by s.196(2) of the Act is consistent with the NES and that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I further note the additions of Clause 14.1.3 – Casual minimum engagement, Clause 14.3 – Part time employment, and Clause 27.6 – Shift allowances will be included as terms of the Agreement pursuant to the undertaking provided by the Applicant. These additional clauses reproduce clauses 11.3, 10.2 and 33.2(e) respectively of the underpinning modern award.

[7] The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 7 December 2023.

DEPUTY PRESIDENT

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Annexure A