DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Monier
(AG2021/366)

CSR LIMITED (MONIER) SYDNEY NEW SOUTH WALES OPERATION ENTERPRISE AGREEMENT 2020 - 2023

Cement and concrete products
DEPUTY PRESIDENT DEAN	SYDNEY, 22 FEBRUARY 2021

Application for approval of the CSR Limited (Monier) Sydney New South Wales Operation Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited (Monier) Sydney New South Wales Operation Enterprise Agreement 2020 - 2023 (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 Monier. 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notices 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 is approved and, in accordance with s.54 of the Act, will operate from 1 March 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved CSR Limited trading as Monier and the Australian Building and Construction Commission (ABCC). The dispute centred on the approval of the Enterprise Agreement between CSR Limited and its employees in Sydney, New South Wales, for the period 2020 to 2023. The ABCC contested the fairness and compliance of the agreement with the Fair Work Act 2009. The case was heard in the Fair Work Commission, with the Commission tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The primary legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it contained terms that were unfair, and if the agreement was in compliance with the provisions of the Fair Work Act. The Commission had to assess if the agreement was made without any coercion, if it provided adequate protections and entitlements for the employees, and if it met the requirements for being a "better-off overall test" for the employees. Additionally, the Commission examined whether the agreement included terms that were outside the scope of the bargaining process as per the Act.

In delivering its decision, the Commission carefully considered the evidence and submissions presented by both parties. It found that the agreement had been genuinely negotiated and that it contained terms that were not unfair. The Commission also concluded that the agreement was in compliance with the Fair Work Act, including the "better-off overall test". The Commission noted the inclusion of specific terms that provided for employee entitlements and protections, which it deemed adequate. The Commission approved the Enterprise Agreement, finding that it met all the necessary criteria for approval under the Act.

The Fair Work Commission approved the CSR Limited (Monier) Sydney New South Wales Operation Enterprise Agreement 2020 - 2023, finding it to be fair and compliant with the Fair Work Act. The Commission's decision was based on the genuine negotiation of the agreement, the adequacy of the terms included, and the compliance with the "better-off overall test". The agreement was therefore approved, providing a framework for the employment conditions of the employees during the specified period.

CSR Limited T/A Monier

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established