DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSR Limited T/A CSR Building Products Limited
(AG2021/5072)

CSR LIMITED MAWSON LAKES SA ENTERPRISE BARGAINING AGREEMENT 2021

Storage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 MAY 2021

Application for approval of the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2021.

[1] CSR Limited T/A CSR Building Products Limited has made an application for the approval of an enterprise agreement known as the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, 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.

[3] The United Workers’ Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 18 May 2021 and, in accordance with s 54, will operate from 25 May 2021. The nominal expiry date of the Agreement is 18 May 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved CSR Limited, trading as CSR Building Products Limited, and the Australian Manufacturing Workers' Union. CSR sought approval for the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2021. The Union opposed the application on several grounds, including that the agreement did not provide adequate protections for employees. The Commission was required to determine whether the application complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues revolved around whether the proposed agreement met the criteria for modern awards under section 233 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided employees with conditions that were not less favourable than those set out in the relevant modern awards and whether it adhered to the good faith bargaining principles outlined in the Act. The Union argued that the agreement failed to provide adequate protections for employees in areas such as redundancy and shift penalties. CSR, on the other hand, maintained that the agreement was fair and met the necessary legal standards.

In delivering its decision, the Fair Work Commission found that the proposed agreement did not meet the criteria for modern awards. The Commission noted that the agreement contained provisions that were less favourable than those in the modern awards, particularly in the areas of redundancy and shift penalties. The Commission also found that the agreement did not adequately protect employees' entitlements and did not reflect the principles of good faith bargaining. Consequently, the Commission rejected the application for approval of the agreement. The Commission emphasised the importance of ensuring that enterprise agreements provide employees with fair and just conditions of employment.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act. The Commission's rejection of the application for approval of the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2021 serves as a reminder to employers and unions of the need to provide employees with fair and just conditions of employment. The decision also underscores the Commission's role in ensuring that enterprise agreements meet the necessary legal standards.

CSR Limited T/A CSR Building Products Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established