CSR Limited T/A CSR Limited Summary

[2024] FWCA 4486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSR Limited T/A CSR Limited

(AG2024/4525)

CSR ROOFING SPRINGVALE OPERATIONS VICTORIA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 13 DECEMBER 2024

Application for approval of the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by CSR Limited, trading as CSR Limited, to obtain approval for the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2024. The application sought to ensure the terms of the agreement were fair and met the necessary criteria under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the proposed agreement with the legal requirements and the procedural steps followed during its negotiation.

The legal issues that the Commission was required to address included whether the agreement had been fairly negotiated, if the disclosure and consultation processes were adequate, and whether the agreement complied with the Fair Work Act's provisions regarding enterprise bargaining. Additionally, the Commission needed to determine if the terms of the agreement were fair and reasonable in all aspects, including pay and conditions for employees covered by the agreement.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2024 was fairly negotiated and complied with the necessary legal requirements. The Commission found that the processes followed were appropriate, and the agreement's terms were fair and reasonable. Consequently, the Commission approved the agreement, confirming its compliance with the Act and its suitability for the parties involved.

As a result of the Commission's decision, the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2024 was approved and certified as meeting the standards set forth in the Fair Work Act. The agreement now serves as a legally binding contract between CSR Limited and the employees covered by it, providing a framework for their employment terms and conditions.

CSR Limited T/A CSR Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established