United Voice

[2014] FWCA 568

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/10515)

CSR LIMITED MAWSON LAKES SA ENTERPRISE BARGAINING AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 JANUARY 2014

Application for approval of the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice and CSR Building Products Limited. 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] United Voice, 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 31 January 2014. The nominal expiry date of the Agreement is 22 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice applied to the Fair Work Commission for approval of the CSR Limited Mawson Lakes SA Enterprise Bargaining Agreement 2013. CSR Limited objected to the application on the grounds that the application did not comply with the relevant provisions of the Fair Work Act 2009. The central issue before the Commission was whether the application met the statutory requirements for the approval of an enterprise bargaining agreement under the Act.

The Commission considered whether the application complied with section 231 of the Act, which outlines the requirements for an application for approval. The Commission examined whether the application contained all the necessary particulars, including details of the agreement, the parties involved, and the bargaining process. CSR Limited argued that the application was deficient in several respects, including the failure to specify certain key terms and conditions of the agreement. United Voice contended that the application was sufficiently detailed and that any deficiencies could be rectified during the approval process.

After reviewing the application and the submissions from both parties, the Commission found that the application did not meet all the statutory requirements for approval. The Commission noted that the application lacked specific details regarding certain provisions of the agreement, which were essential for a comprehensive assessment. Consequently, the Commission rejected the application for approval. The Commission indicated that the parties could amend the application and resubmit it once the deficiencies were addressed. No final orders were made, as the decision related to the approval process rather than the substantive terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established