DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A CSR Roofing
(AG2015/5297)

CSR ROOFING SPRINGVALE OPERATIONS VICTORIA ENTERPRISE AGREEMENT 2015

Cement and concrete products
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 21 OCTOBER 2015

Application for approval of the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2015 (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 Roofing. 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.

[3] The Australian Workers’ Union, 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 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 1 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited, trading as CSR Roofing, applied for the approval of the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The dispute arose from the procedural fairness of the agreement, as CSR Limited argued that the agreement was made in good faith and involved proper consultation and negotiation processes.

The primary legal issues before the Commission were whether the agreement was genuinely made by the parties, whether it was made in good faith, and if the procedural fairness requirements were met. CSR Limited needed to demonstrate that the agreement was not made under duress or without proper consultation and that it represented a fair and reasonable outcome for both parties. The Commission examined the negotiation process, the documentation of agreements, and the fairness of the terms within the context of the industrial relations environment.

The Fair Work Commission found that the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2015 met the necessary legal standards for approval. The Commission concluded that the agreement was genuinely made by the parties, was done so in good faith, and adhered to procedural fairness requirements. The negotiation process was deemed appropriate, and the terms of the agreement were found to be fair and reasonable, taking into account the broader context of the industrial relations environment. The Commission approved the agreement, allowing it to be registered and enforced as a binding enterprise agreement under the Fair Work Act 2009.

The final orders of the Commission were that the CSR Roofing Springvale Operations Victoria Enterprise Agreement 2015 be approved and registered. The agreement was to be binding upon CSR Limited and its employees covered by the agreement, providing a framework for the terms and conditions of employment for those individuals. This decision ensured that the agreement could be implemented and enforced, thereby providing stability and predictability in the industrial relations context for the parties involved.

CSR Limited T/A CSR Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established