CSR Limited T/A Monier

[2023] FWCA 2534

[2023] FWCA 2534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CSR Limited T/A Monier

(AG2023/2572)

CSR LIMITED (MONIER) SYDNEY NEW SOUTH WALES OPERATION ENTERPRISE AGREEMENT 2023

Cement and concrete products
DEPUTY PRESIDENT WRIGHT	SYDNEY, 14 AUGUST 2023

Application for approval of the CSR Limited (Monier) Sydney New South Wales Operation Enterprise Agreement 2023

Introduction

1. CSR Limited T/A Monier (the Employer) has made an application for approval of an enterprise agreement known as the CSR Limited (Monier) Sydney New South Wales Operation Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 19 July 2023.

Section 190 Undertakings

1. The employer provided a written undertaking to address concerns raised by the Commission that Clause 10.3 of the Agreement does not refer to the number of hours worked by a part-time employee which appears to be inconsistent with Clause 10.3 of the relevant Award. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the CFMMEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2023. The nominal expiry date of the Agreement is 19 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521099  PR765143>