CSR Limited T/A CSR Limited

[2024] FWCA 3603

[2024] FWCA 3603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSR Limited T/A CSR Limited

(AG2024/3628)

Storage services
COMMISSIONER REDFORD	MELBOURNE, 18 OCTOBER 2024

Application for approval of the CSR Limited Bradford Scoresby Warehouse Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the CSR Limited Bradford Scoresby Warehouse Enterprise Agreement 2024 (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 Limited (CSR). The Agreement is a single enterprise agreement.

2. On the basis of the material contained in the application and accompanying declaration, I  am  satisfied  that  each  of  the  requirements  of  ss  186,  187, 188 and 190  as  are  relevant  to  this application for approval has been met.

3. Clause 5.1 of the Agreement provides that the terms of the Storage Services and Wholesale Award 2020 (the Award) are incorporated into the Agreement, save for a range of specified Award terms which are not incorporated. Among the terms of the Award that do apply is clause 22 which provides for penalty rates for weekends and public holidays. It therefore appears while ordinary hours of work may occur on Saturdays and Sundays, pursuant to clauses 17.1(c) for day workers, and 18.1(b) for shift workers, such time worked would attract penalty rates pursuant to clause 22 of the Award, for both day workers and shift workers. I sought to confirm this with CSR who agreed this is so.

4. Noting clause 4 of the Agreement (the NES precedence clause), I am satisfied that to the extent the Agreement is less favourable than the National Employment Standards (NES), the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the agreement and the NES. On this basis, I am satisfied that the any apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement including:  

(a)Clauses 17.3 and 18.9 of the Agreement, which deal with public holidays, do not appear to expressly provide for an entitlement for employees to be absent from work on a public holiday, within the meaning of s 114(1) of the Act. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.   

1. The United Workers Union (UWU) who is a bargaining representative for the Agreement, raised an issue as to whether the disputes resolution procedure in the agreement, provided for at clause 10, is less favourable than the Award because it only permits referral of a dispute to the Commission by consent between the parties. Despite this, UWU confirmed it does not oppose the approval of the agreement. I do not consider that this provision should prevent the approval of this agreement.

2. The UWU 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 UWU.

3. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2024.

COMMISSIONER

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