DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2015/712)

CSR LIMITED VIRIDIAN CARDIFF WORKPLACE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 24 APRIL 2015

Application for approval of the CSR Limited Viridian Cardiff Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Cardiff Workplace Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by CSR Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 1 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited applied for approval of the CSR Limited Viridian Cardiff Workplace Agreement 2014 in the Fair Work Commission. The dispute centred on whether the agreement was fair and whether it met the requirements set out in the Fair Work Act 2009. The Fair Work Commission was required to determine if the agreement provided for fair terms and conditions of employment and if it complied with the Fair Work Act’s good faith bargaining requirements. The commission also needed to assess whether the agreement met the Better Off Overall Test (BOOT), ensuring employees were not worse off under the new agreement.

The court examined whether CSR Limited had engaged in good faith bargaining, which involved an analysis of the process through which the agreement was negotiated. The commission considered if the agreement's terms were negotiated in a manner that was open and honest, and if both parties had the opportunity to discuss and agree on the terms. Additionally, the court assessed whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the BOOT. The commission looked at the overall benefits and detriments to employees under the new agreement compared to their previous terms.

After reviewing the evidence and arguments presented by both parties, the Fair Work Commission approved the agreement. The court found that CSR Limited had engaged in good faith bargaining and that the terms of the agreement were fair and reasonable. The commission concluded that the agreement met the BOOT, ensuring that employees were not worse off overall. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and was in compliance with the requirements of the Fair Work Act.

The final orders of the commission approved the CSR Limited Viridian Cardiff Workplace Agreement 2014, confirming its validity and enforceability. The commission directed that the agreement be registered with the Fair Work Commission and that it would apply to the employees covered by the agreement. This decision provided clarity and certainty to both CSR Limited and its employees regarding the terms and conditions of their employment under the new agreement.

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