DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Monier Terracotta Vermont
(AG2017/2164)

CSR MONIER ROOFING - VERMONT, OPERATORS ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 26 JUNE 2017

Application for approval of the CSR Monier Roofing - Vermont, Operators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Monier Roofing - Vermont, Operators Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR Building Products Limited T/As CSR Monier Terracotta. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Mining and 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 was approved on 26 June 2017 and, in accordance with s.54, will operate from 3 July 2017. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CSR Monier, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The dispute centred on the application for approval of the CSR Monier Roofing – Vermont, Operators Enterprise Agreement 2017. The application was brought before the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the appropriate minimum terms and conditions, was free from coercive conduct, and whether it was in the best interests of the employees.

The Fair Work Commission considered various aspects of the agreement, including the procedural fairness of its negotiation, the fairness of its terms, and its compliance with the relevant statutory minimum standards. The Commission assessed the evidence provided by both parties, including submissions on the impact of the agreement on the employees and the employer’s business operations. The Commission found that the agreement was negotiated in good faith, contained appropriate minimum terms and conditions, and was not coerced. The Commission also concluded that the agreement was in the best interests of the employees, considering the overall benefits it provided.

In light of these findings, the Commission approved the CSR Monier Roofing – Vermont, Operators Enterprise Agreement 2017. The approval ensures that the agreement will legally bind both parties, providing a framework for employment terms and conditions for the specified period. The decision underscored the importance of balancing the interests of both employers and employees while ensuring compliance with the Fair Work Act.

CSR Monier Terracotta Vermont

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established