DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSRP Pty Ltd
(AG2016/7292)

CSRP ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER ROE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the CSRP Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSRP Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSRP Pty Ltd. 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 Agreement was approved on 9 December 2016 and, in accordance with s.54, will operate from 16 December 2016. The nominal expiry date of the Agreement is 9 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of CSRP Pty Ltd, the Australian Industrial Relations Commission was asked to consider an application for the approval of the CSRP Enterprise Agreement 2016. The application was brought by the employer, CSRP Pty Ltd, which sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for the employees of the company.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement contained the necessary provisions, was made in good faith, and did not discriminate against any particular group of employees. The Commission also needed to determine whether the agreement was free from any illegal content and whether it complied with the mandatory bargaining requirements of the Act.

The Commission found that the CSRP Enterprise Agreement 2016 met all the necessary statutory requirements for approval. It contained all the essential terms and conditions of employment, was made in good faith, and did not contain any discriminatory provisions. The agreement was also free from any illegal content and complied with the mandatory bargaining provisions of the Act. The Commission was satisfied that the agreement was fair and reasonable and would provide appropriate protections for the employees. As a result, the Commission approved the agreement and registered it under the Fair Work Act.

The final orders of the Commission included the registration of the CSRP Enterprise Agreement 2016 as a registered agreement under the Fair Work Act, effective from the date of the decision. The agreement was to apply to all employees of CSRP Pty Ltd who were not covered by another registered agreement. The Commission also ordered that the agreement would remain in force until it was terminated or replaced by a new agreement.

CSRP Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established