DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2018/3576)

CSR LIMITED - VIRIDIAN - WOLLONGONG - SALES CENTRE - ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 DECEMBER 2018

Application for approval of the CSR Limited - Viridian - Wollongong - Sales Centre - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited - Viridian - Wollongong - Sales Centre - Enterprise Agreement 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 Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Limited applied to the Fair Work Commission for the approval of an Enterprise Agreement with the Viridian employees at its Wollongong Sales Centre. The employees, represented by the National Tertiary Education Union, contested the proposed agreement. The dispute was heard in the Fair Work Commission, which had jurisdiction over the matter as it involved an enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the terms and conditions of employment, including pay rates, hours of work, and other entitlements. The Commission had to determine if the agreement provided for the fair and reasonable terms of employment for the employees, as required by the Act. Additionally, the Commission needed to ensure that the agreement did not discriminate against any individual or group of employees and that it met the requirements for genuine bargaining and good faith.

The Fair Work Commission found that the proposed agreement was fair and reasonable, providing for the employees' terms and conditions of employment. The Commission noted that the agreement provided for appropriate pay rates, leave entitlements, and other benefits, and that it did not discriminate against any individual or group of employees. The Commission was satisfied that the agreement was the product of genuine bargaining and was entered into in good faith. Consequently, the Commission approved the Enterprise Agreement, finding that it complied with the requirements of the Fair Work Act.

The Commission's decision was made final, and the CSR Limited - Viridian - Wollongong Sales Centre Enterprise Agreement 2018 was approved. The agreement now governs the terms and conditions of employment for the Viridian employees at the Wollongong Sales Centre, providing a framework for their ongoing employment relationship with CSR Limited.

CSR Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established