DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A CSR Lightweight Systems
(AG2020/3377)

CSR BUILDING PRODUCTS LIMITED GYPROCK WETHERILL PARK NSW ENTERPRISE BARGAINING AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 DECEMBER 2020

Application for approval of the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CSR Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 2 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2020. The nominal expiry date of the Agreement is 4 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Limited, trading as CSR Lightweight Systems, sought approval of the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2020 from the Fair Work Commission. The agreement in question was an outcome of negotiations between CSR Limited and the Building and Construction General On-site Union. The union represented the employees of CSR Lightweight Systems, who were involved in the manufacture of gypsum boards at the Wetherill Park facility in New South Wales.

The legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the employees' minimum entitlements, and whether it was free from any illegality or contravention of the act. The union argued that the agreement was fair and reasonable, while CSR Limited contended that certain provisions did not comply with the act.

The commission found that the agreement was largely compliant with the act. It provided for the employees' minimum entitlements and was free from any illegality or contravention. However, the commission made some minor amendments to the agreement to ensure it met the legal requirements. These amendments included clarifying certain provisions and removing any language that could be considered ambiguous or misleading.

As a result of the commission's decision, the CSR Building Products Limited Gyprock Wetherill Park NSW Enterprise Bargaining Agreement 2020 was approved with minor amendments. The agreement now provides a fair and reasonable framework for the employment of CSR Lightweight Systems' employees, while also ensuring compliance with the Fair Work Act 2009.

CSR Limited T/A CSR Lightweight Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established