CSR Limited T/A CSR Bradford Insulation Summary

[2022] FWCA 2227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSR Limited T/A CSR Bradford Insulation

(AG2022/2023)

CSR Bradford Insulation Ingleburn Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 5 JULY 2022

Application for approval of the CSR Bradford Insulation Ingleburn Agreement 2021.

CSR Limited T/A CSR Bradford Insulation (the Employer) has made an application for the approval of the CSR Bradford Insulation Ingleburn Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved CSR Limited, trading as CSR Bradford Insulation, and the Australian Manufacturing Workers' Union. The matter concerned an application for the approval of a new enterprise agreement, the CSR Bradford Insulation Ingleburn Agreement 2021. The dispute centred around the terms of the proposed agreement, including issues such as wages, conditions of employment, and various other employment-related matters.

The primary legal issues the Commission had to resolve were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the 'better off overall test'. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement was made in good faith and if it adhered to the relevant provisions of the Fair Work Act.

In delivering its decision, the Fair Work Commission noted that the proposed agreement had been negotiated in good faith and contained terms that were fair and reasonable. The Commission found that the agreement provided for a fair and reasonable increase in wages and included provisions that addressed the employees' conditions of employment. The Commission was satisfied that the agreement met the better off overall test, as employees would not be worse off financially under the new agreement. Consequently, the Commission approved the CSR Bradford Insulation Ingleburn Agreement 2021.

The final orders of the Commission included the approval of the CSR Bradford Insulation Ingleburn Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement until its expiry or termination under the terms of the Fair Work Act.

CSR Limited T/A CSR Bradford Insulation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established