DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2018/2799)

CSR LIMITED - VIRIDIAN - JANDAKOT - GLAZING - ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 13 AUGUST 2018

Application for approval of the CSR Limited - Viridian - Jandakot - Glazing - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited - Viridian - Jandakot - Glazing - 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] Written undertakings have been given in accordance with s.190. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Limited applied to the Fair Work Commission for approval of the CSR Limited – Viridian – Jandakot – Glazing – Enterprise Agreement 2018. The application was made by CSR Limited, and the relevant union was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed enterprise agreement complied with the necessary legal and procedural requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was an enterprise agreement within the meaning of the Fair Work Act, whether it was appropriately formed and negotiated, and whether it met the criteria for approval as set out in the legislation. The Commission had to consider if the agreement was made with appropriate representation, if it contained the required terms and conditions, and if it complied with the procedural prerequisites for registration.

The Commission concluded that the agreement was appropriately formed, negotiated, and contained the necessary provisions. It found that the agreement met the criteria for approval as it was made with adequate representation and contained the requisite terms and conditions. The Commission also determined that the agreement complied with the procedural requirements set out in the Fair Work Act, including the necessary notification and objection periods.

As a result, the Fair Work Commission approved the CSR Limited – Viridian – Jandakot – Glazing – Enterprise Agreement 2018, allowing it to be registered and to have legal effect.

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