DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Monier
(AG2017/5400)

CSR LIMITED (MONIER) SYDNEY NEW SOUTH WALES OPERATION ENTERPRISE AGREEMENT 2017-2020

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 16 MARCH 2018

Application for approval of the CSR Limited (Monier) Sydney New South Wales Operations Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited (Monier) Sydney New South Wales Operations Enterprise Agreement 2017-2020 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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.

[4] The Construction Forestry Mining Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Limited, trading as Monier, sought approval for the Sydney New South Wales Operations Enterprise Agreement 2017-2020, which was disputed by the Australian Building and Construction Commission. The case was heard by the Fair Work Commission (FWC) in Australia. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009, specifically regarding the provisions for casual employees. The Commission was tasked with determining if the agreement met the requirements of being a "simple, fair and portable" enterprise agreement, as outlined in the Act.

The key legal issues addressed by the Commission were whether the agreement adequately protected the rights of casual employees, ensured fair and reasonable terms and conditions, and complied with the "no disadvantage" test. The Commission needed to assess whether the agreement provided appropriate protections for casual employees, including provisions for shift patterns and holiday loadings, and whether it met the standard shift arrangements under section 216 of the Act. The Commission also had to consider if the agreement met the "no disadvantage" test, ensuring that casual employees were not at a disadvantage compared to permanent employees.

The Commission concluded that the agreement did not meet the statutory requirements for being a "simple, fair and portable" agreement. It found that the agreement did not provide adequate protections for casual employees, particularly regarding shift patterns and holiday loadings. The Commission also determined that the agreement failed the "no disadvantage" test, as it did not ensure that casual employees were not at a disadvantage compared to permanent employees. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission did not approve the Enterprise Agreement and directed the parties to negotiate a revised agreement that complied with the statutory requirements. The decision emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for all employees, particularly casual employees, and that they met the legislative standards for simplicity, fairness, and portability.

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