DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Building Products Limited T/A Viridian New World Glass
(AG2016/4399)

CSR VIRIDIAN SYDNEY DISTRIBUTION CENTRE AND AWU ENTERPRISE AGREEMENT 2016 - 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the CSR Viridian Sydney Distribution Centre and AWU Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSR Viridian Sydney Distribution Centre and AWU Enterprise Agreement 2016 - 2018 (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 5 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved CSR Building Products Limited, trading as Viridian New World Glass, which applied for the approval of the CSR Viridian Sydney Distribution Centre and AWU Enterprise Agreement 2016-2018. The application was brought under the Fair Work Act 2009. The Australian Workers' Union (AWU) opposed the application, raising concerns about the fairness and efficacy of the proposed agreement, which sought to establish new terms and conditions for employees at the Sydney Distribution Centre. The crux of the dispute centred on whether the proposed enterprise agreement met the legal criteria for approval under the Act.

The primary legal issue before the court was whether the proposed enterprise agreement was fair and appropriate for the employees covered by it. The court had to consider if the agreement was free from elements of coercion or undue influence, if it included appropriate dispute resolution mechanisms, and if it provided for fair and reasonable terms and conditions. Additionally, the court needed to assess whether the agreement complied with the statutory requirements and was in the best interests of the employees.

The court, after a thorough review of the submissions and evidence, found that the proposed enterprise agreement was fair and appropriate. The court noted that the agreement had been negotiated in good faith, without coercion or undue influence, and that it contained appropriate dispute resolution mechanisms. The court was also satisfied that the terms and conditions of the agreement were fair and reasonable, taking into account the economic circumstances of the parties and the needs of the employees. Consequently, the court approved the application, allowing the enterprise agreement to proceed as intended. The AWU's concerns were dismissed, and the CSR Viridian Sydney Distribution Centre and AWU Enterprise Agreement 2016-2018 was approved.

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