DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A CSR Lightweight Systems and CSR Bradford Insulation
(AG2017/588)

CSR LIMITED MAWSON LAKES SA ENTERPRISE BARGAINING AGREEMENT 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 22 MARCH 2017

Application for approval of the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR Limited T/A CSR Lightweight Systems and CSR Bradford Insulation. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] United Voice 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 March 2017 and, in accordance with s.54, will operate from 29 March 2017. The nominal expiry date of the Agreement is 22 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved CSR Limited trading as CSR Lightweight Systems and CSR Bradford Insulation, the applicants, who sought approval of the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2017. The dispute centred on the compliance of this agreement with the requirements of the Fair Work Act 2009, particularly in terms of the provisions concerning minimum rates of pay and conditions for employees within the Mawson Lakes facility. The matter was brought to the Fair Work Commission for determination.

The primary legal issues before the court were whether the proposed enterprise agreement met the statutory criteria for approval as set out in the Fair Work Act 2009. Specifically, the court had to assess whether the agreement provided for minimum rates of pay and conditions that met the safety net and if the agreement was free from prohibited content. The court also needed to consider whether the agreement complied with the procedural requirements, including proper consultation with the employees and the provision of relevant information.

In its decision, the Full Bench of the Fair Work Commission examined the provisions of the proposed enterprise agreement against the statutory framework. The court found that the agreement did indeed meet the safety net provisions and contained no prohibited content. The court was satisfied that there was adequate consultation with the employees, and all necessary information had been provided as required by the legislation. The court concluded that the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2017 complied with the relevant legal standards and therefore approved the agreement.

The court's approval of the enterprise agreement was formalised in its final orders, confirming the agreement as meeting all legislative requirements for minimum rates of pay and conditions. The decision was binding, and the agreement could now be implemented in accordance with its terms.

CSR Limited T/A CSR Lightweight Systems and CSR Bradford Insulation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established