DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A CSR Bradford
(AG2015/1105)

CSR BRADFORD DANDENONG ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2015

Application for approval of the CSR Bradford Dandenong Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR Bradford Dandenong Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by CSR Limited T/A CSR Bradford. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Each of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU and United Voice.

[4] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[5] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 26 June 2015. The nominal expiry date of the Agreement is 18 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, CSR Limited, trading as CSR Bradford, applied for the approval of the CSR Bradford Dandenong Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for approval, including the provision of adequate pay and conditions for the employees covered by the agreement.

The central legal issues before the Commission were whether the agreement provided for adequate minimum rates of pay and conditions that met the ‘better off overall test’ for employees. The Commission had to consider whether the agreement, which proposed certain pay rates and conditions, adequately protected the interests of the employees and complied with the statutory requirements for enterprise agreements.

In determining the application, the Commission examined the evidence provided by both CSR Limited and the relevant trade unions. It assessed whether the proposed pay rates and conditions were fair and reasonable, and whether they met the statutory criteria for approval. The Commission concluded that the agreement did provide for adequate minimum rates of pay and conditions that met the better off overall test. Consequently, the application for approval was successful.

The Fair Work Commission approved the CSR Bradford Dandenong Enterprise Agreement 2014, confirming its compliance with the statutory requirements and its adequacy in protecting the interests of the employees.

CSR Limited T/A CSR Bradford

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established