DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited T/A Viridian New World Glass
(AG2016/5659)

CSR VIRIDIAN DANDENONG AND AWU ENTERPRISE AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the CSR Viridian Dandenong and AWU Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the CSR Viridian Dandenong and AWU Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR Building Products Limited T/A Viridian New World Glass. 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 Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2016. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, CSR Building Products Limited trading as Viridian New World Glass, sought the Fair Work Commission's approval of the CSR Viridian Dandenong and AWU Enterprise Agreement 2016-2020. The applicant's employees were represented by the Australian Workers' Union. The dispute before the Commission involved whether the proposed agreement contained terms that were compliant with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the procedural and substantive fairness requirements set out in the legislation.

The primary legal issues the Commission had to address were whether the agreement was fairly negotiated and if it contained terms that were consistent with the provisions of the Fair Work Act. The Commission needed to ensure that the agreement was negotiated in good faith, free from coercion, and did not unfairly disadvantage any party. Additionally, the Commission had to assess whether the terms of the agreement complied with the relevant national employment standards and if they provided appropriate protections for employees.

The Commission found that the agreement had been fairly negotiated and contained terms that met the requirements of the Fair Work Act. The Commission was satisfied that the process of negotiation was conducted in good faith and without coercion. It determined that the agreement did not unfairly disadvantage any party and that it provided adequate protections for employees. Furthermore, the Commission confirmed that the agreement's terms were consistent with the national employment standards and other relevant provisions of the Fair Work Act.

As a result, the Commission approved the CSR Viridian Dandenong and AWU Enterprise Agreement 2016-2020, effective from 1 July 2016 to 30 June 2020. The approval ensures that the agreement's terms are legally binding on the parties and can be enforced under the Fair Work Act. The decision provides certainty for both the employer and employees regarding their rights and obligations during the term of the agreement.

CSR Building Products Limited T/A Viridian New World Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established