Modern awards – award modernisation – modern enterprise award – Sch. 6, Items 2, 4, 6 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 – Full Bench – application by CSR & Holcim Staff Association (the Association) – Full Bench previously not persuaded to make a modern enterprise award [[2014] FWCFB 7351] – Full Court of Federal Court quashed decision of Full Bench – matter referred back to Full Bench to determine application according to law – CSR Limited and Association relied on submissions and evidence given during original application – further relied on Full Federal Court decision – Full Bench considered objectives of modern awards and minimum wages – referred to the conclusions made by Full Federal Court in Yum – held if proposed award was made Full Bench would not be ensuring that modern awards provide a fair and relevant minimum safety net of terms and conditions having taken into account the factors in s.134(1) of FW Act – held the minimum base salaries and classification structure in proposed award cannot be regarded as tailored to reflect employment arrangements developed in relation to CSR – if award not made likely that collective bargaining would quickly occur between CSR and salaried employees – attempts to persuade Full Bench that was unlikely were not convincing – not persuaded to make a modern enterprise award or the proposed CSR Award 2015 to replace the CSR Staff (Consolidated) Award 2000 – CSR Staff (Consolidated) Award 2000 terminated. CSR Staff (Consolidated) Award 2000
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