DECISION

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

CSR Limited T/A CSR Lightweight Systems
(AG2020/1225)

CSR BUILDING PRODUCS LIMITED FIBRE CEMENT ENTERPRISE BARGAINING AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 26 JUNE 2020

Application for approval of the CSR Building Products Limited Fibre Cement Enterprise Bargaining Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the CSR Building Products Limited Fibre Cement Enterprise Bargaining Agreement 2020 (‘the Agreement’). The application was made by CSR Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[3] The United Workers Union (“the UWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the UWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 3 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited, trading as CSR Lightweight Systems, applied to the Fair Work Commission for approval of the CSR Building Products Limited Fibre Cement Enterprise Bargaining Agreement 2020. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key legal issues were whether the agreement appropriately covered all necessary matters, complied with procedural requirements, and was in the best interest of the employees.

The Fair Work Commission examined the procedural fairness of the bargaining process and the content of the agreement. It assessed whether the agreement was made in good faith, involved genuine bargaining, and was free from any form of coercion or undue influence. Additionally, the Commission considered whether the agreement included all necessary matters, such as minimum wages, classification, and other terms and conditions of employment.

The Commission concluded that the agreement was appropriately negotiated in good faith, met all procedural requirements, and was in the best interests of the employees. The agreement was comprehensive, covered all mandatory matters, and provided fair and reasonable terms and conditions of employment. Therefore, the Commission approved the agreement under section 234 of the Fair Work Act 2009. The approval took effect from 1 April 2020.

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