DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A CSR Bricks & Roofing
(AG2015/958)

CSR LIMITED - SCHOFIELDS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 15 MAY 2015

Application for approval of the CSR Limited - Schofields Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited - Schofields Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by CSR Limited t/as CSR Bricks & Roofing. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited, trading as CSR Bricks & Roofing, applied for the approval of the Schofields Enterprise Agreement 2015 in the Fair Work Commission. The application centred on the proposed terms and conditions of employment for the workers at the Schofields site, including wages, hours of work, and other employment-related matters. The dispute was brought before the Fair Work Commission to ensure the agreement met the legal standards and requirements set out in the Fair Work Act 2009.

The legal issues that the Commission was required to address involved assessing whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of the agreement's fairness and its adherence to the relevant minimum standards. The Commission had to determine if the agreement was genuinely negotiated and if it contained appropriate mechanisms for dispute resolution. Additionally, the Commission examined whether the agreement provided adequate protections and entitlements for employees, ensuring that it did not unjustifiably disadvantage any party.

In reaching its decision, the Fair Work Commission carefully reviewed the contents of the proposed agreement against the legal benchmarks established by the Fair Work Act. The Commission found that the agreement was the product of genuine bargaining and met the necessary criteria for approval. The agreement was deemed to provide fair and reasonable terms and conditions of employment, as it did not unjustifiably disadvantage employees and included appropriate mechanisms for resolving disputes. Consequently, the Commission approved the Schofields Enterprise Agreement 2015, confirming its compliance with the legal requirements.

The final orders of the Fair Work Commission approved the Schofields Enterprise Agreement 2015, effective from the date of the decision. This approval allowed the agreement to be implemented, providing a framework for the terms and conditions of employment for the workers at the Schofields site. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and provide adequate protections for employees, while also recognising the need for flexibility and efficiency in the workplace.

CSR Limited T/A CSR Bricks & Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established