CSR Limited T/A CSR Building Products Limited
[2022] FWCA 1284
•12 APRIL 2022
| [2022] FWCA 1284 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CSR Limited T/A CSR Building Products Limited
(AG2022/846)
CSR Limited Gyprock Yarraville Enterprise Bargaining Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 12 APRIL 2022 |
Application for approval of the CSR Limited Gyprock Yarraville Enterprise Bargaining Agreement 2022
CSR Limited T/A CSR Building Products Limited (the Applicant) has made an application for approval of an enterprise agreement known as the CSR Limited Gyprock Yarraville Enterprise Bargaining Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 29 March 2022.
On 30 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:
· The title of the Agreement in the NERR contained the year “2021” instead of “2022”. The parties submitted that this was an administrative typographical error and, on this basis, pursuant to s188(2) of the Fair Work Act, I am satisfied that the agreement was genuinely agreed for all relevant purposes.
· Chambers sought and received clarification as to the date the NERR was provided to employees to ensure agreement pre-approval requirements were met.
· Clause 22.1(b) of the Agreement related to shift workers appeared inconsistent with s87(2) of the Act relating to annual leave.
· The deduction contained at clause 19.5(a) may provide for a deduction not permitted by s.324 of the Act.
· The dispute resolution term contained at clause 11.3 appeared to be silent on allowing for disputes in relation to both the Agreement and the NES to be settled. It also appeared to be silent on allowing for the parties to be represented at the Fair Work Commission stage of a dispute.
· Chambers raised better off overall concerns regarding apprentices, casual employee minimum engagement, shift penalties and Saturday overtime.
The Applicant has submitted an undertaking in the required form dated 11 April 2022. The undertaking deals with the following topics:
· The dispute resolution term at clause 11.3 will apply to settle disputes concerning matters arising under the Agreement and the National Employment Standards (NES).
· Employees will be allowed representation at all times during the dispute resolution process, including at the Fair Work Commission stage of a dispute.
· Shift workers employed under the Agreement will accrue annual leave on a pro-rate basis consistent with s87(2) of the Act.
· On any occasion that a casual employee is engaged under the Agreement, the employee will be paid for a minimum of 4 consecutive hours work.
A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative responded that it was content with the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 October 2025.
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