Construction, Forestry, Mining and Energy Union v CSR Limited T/A Viridian New World Glass
[2015] FWCFB 4624
•14 JULY 2015
| [2015] FWCFB 4624 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
CSR Limited T/A Viridian New World Glass
(C2015/1621)
SENIOR DEPUTY PRESIDENT DRAKE | SYDNEY, 14 JULY 2015 |
Appeal against decision [2015] FWCA 486 of Senior Deputy President Richards at Brisbane on 19 January 2015 in matter number AG2014/8253 and Appeal against decision [2015] FWCA 488 of Senior Deputy President Richards at Brisbane on 19 January 2015 in matter number AG2014/8328.
[1] On 25 June 2015 this Full Bench issued a decision 1 in which we invited the Respondents to the two appeals before us to consider providing an undertaking in relation to the BOOT.2 If this undertaking was provided we indicated that we would accept and consider further material in relation to the pre-approval requirements for both applications.
[2] On 2 July 2015 we received correspondence from the Respondents’ solicitors. That response is extracted below:-
“Our client instructs us that it is not prepared to provide an undertaking in relation to the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014, nor does it intend to provide further evidence in relation to the steps that it took to explain the terms and effect of the proposed agreements to employees. It is understood that as a consequence the Full Bench will issue orders quashing the approval decisions of Senior Deputy President Richards that were the subject of the appeals.”
[3] Accordingly we have determined that orders to the effect anticipated by the Respondents will issue.
SENIOR DEPUTY PRESIDENT
1 [2015] FWCFB 3889
2 [2015] FWCFB 3889 at paragraphs [49] to [52].
Printed by authority of the Commonwealth Government Printer
<Price code A, PR569198>
3
0