austlii:cth/FWCA/2026/224
General information, not legal advice.
FWCA
2026-02-03
Commissioner P
Original judgment source is linked above.
s.185 - Enterprise agreement
CSR BUILDING PRODUCTS PGH SCORESBY ENTERPRISE AGREEMENT 2025
Application for approval of the CSR Building Products PGH Scoresby Enterprise Agreement 2025
[1] CSR Building Products Limited (Employer) has made an application for approval of an enterprise agreement known as the CSR Building Products PGH Scoresby Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[3] I observe that clauses 18(b)(iv) and 22(d) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Agreement does not contain a delegates' rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Construction, Forestry and Maritime Employees Union (CFMEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
[6] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU and the CFMEU.
[7] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 February 2026. The nominal expiry date of the Agreement is 1 August 2029.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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