CSR PGH Bricks and Pavers

[2014] FWCA 1943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSR PGH Bricks and Pavers
(AG2014/3949)

CSR PGH BRICKS AND PAVERS SA GOLDEN GROVE PLANT PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 MARCH 2014

Application for approval of the CSR PGH Bricks and Pavers SA Golden Grove Plant Production Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR PGH Bricks and Pavers SA Golden Grove Plant Production Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR PGH Bricks and Pavers. The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ 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) of the Act 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 29 March 2014. The nominal expiry date of the Agreement is 10 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved CSR PGH Bricks and Pavers and the production employees at the SA Golden Grove Plant, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The employees sought approval of the Enterprise Agreement 2014. This application was made to the Fair Work Commission, which was required to assess whether the agreement met the criteria under the Fair Work Act 2009.

The legal issues that the Commission needed to decide included whether the agreement provided for fair and reasonable terms, whether it was made in good faith and without coercion, and whether the agreement met the requirements of the Fair Work Act. The Commission also needed to consider whether the agreement appropriately addressed the rights of employees, their entitlements, and the conditions of their employment.

In delivering its decision, the Commission highlighted that the agreement provided for fair and reasonable terms that were consistent with the principles of the Fair Work Act. The Commission found that the agreement was made in good faith and without coercion, and that it appropriately addressed the rights of employees and their entitlements. The Commission also noted that the agreement met the requirements of the Fair Work Act, including the provisions relating to the disclosure of information and the rights of employees to be represented by a union.

The Fair Work Commission approved the Enterprise Agreement 2014, subject to certain conditions and modifications. These included the requirement that CSR PGH Bricks and Pavers provide certain information to employees, and that the agreement be subject to review by the Commission in two years' time. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established