CSR Limited T/A Monier

[2022] FWCA 24

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSR Limited T/A Monier

(AG2021/8969)

CSR Limited Bradford Scoresby Warehouse Enterprise Agreement 2021

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 JANUARY 2022

Application for approval of the CSR Limited Bradford Scoresby Warehouse Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the CSR Limited Bradford Scoresby Warehouse Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CSR Limited T/A Monier (Employer). The Agreement is a single enterprise agreement.

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CSR Limited trading as Monier, sought approval for the CSR Limited Bradford Scoresby Warehouse Enterprise Agreement 2021. The dispute was heard in the Fair Work Commission, where the applicant argued that the proposed agreement was fair and reasonable and should be approved under the Fair Work Act 2009. The applicant submitted that the agreement provided for a balanced distribution of benefits between the parties and that it was consistent with the principles of the national workplace relations system.

The legal issues before the court included whether the proposed agreement met the requirements of section 233 of the Fair Work Act 2009, which mandates that an enterprise agreement must be fair and reasonable. The court also needed to determine whether the agreement was consistent with the principles of the national workplace relations system, as required by section 232 of the Act. The court had to consider the views of the parties and any other relevant matters, including the overall balance of benefits and any potential impact on the employees.

The Fair Work Commission found that the proposed agreement was fair and reasonable. The court considered the submissions of both parties and concluded that the agreement provided for a balanced distribution of benefits and was consistent with the principles of the national workplace relations system. The court also found that the agreement was in the best interests of the employees and that it provided for adequate protections for vulnerable employees. The court noted that the agreement provided for a range of benefits, including pay rates, leave entitlements, and other terms and conditions of employment.

The Fair Work Commission approved the CSR Limited Bradford Scoresby Warehouse Enterprise Agreement 2021. The court considered that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court noted that the agreement provided for a balanced distribution of benefits and was consistent with the principles of the national workplace relations system. The court also found that the agreement provided for adequate protections for vulnerable employees and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established