DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A CSR Bradford
(AG2018/674)

CSR BRADFORD INSULATION INGLEBURN AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2018

Application for approval of the CSR Bradford Insulation Ingleburn Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Bradford Insulation Ingleburn Agreement 2017 (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 T/A CSR Bradford. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] Subject to 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Limited trading as CSR Bradford applied for approval of the CSR Bradford Insulation Ingleburn Agreement 2017, which would be a registered agreement under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute came before the Fair Work Commission. The central legal issues were whether the agreement was in the public interest and whether it met the requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees involved.

In examining the application, the Commission assessed the agreement against various statutory criteria, including whether the agreement promoted harmonious, productive and cooperative workplace relations. It also had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes and the protection of employee rights. The Commission evaluated the evidence presented by both parties, including submissions on the public interest and the impact of the agreement on employees. The Commission concluded that the agreement met the legislative requirements for approval, as it provided for fair and reasonable terms and conditions and was in the best interests of the employees. It found that the agreement promoted cooperative workplace relations and provided adequate mechanisms for dispute resolution.

The Fair Work Commission approved the CSR Bradford Insulation Ingleburn Agreement 2017, determining it to be in the public interest. The agreement was registered under the Fair Work Act 2009, and the application was therefore successful. The decision emphasised the importance of balancing the interests of employers and employees while ensuring that workplace relations were harmonious and productive.

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