DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSR Limited
(AG2014/10499)

CSR LIMITED (VIRIDIAN NEW WORLD GLASS) MOUNT GAMBIER SALES CENTRE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 9 JANUARY 2015

Application for approval of the CSR Limited (Viridian New World Glass) Mount Gambier Sales Centre Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited (Viridian New World Glass) Mount Gambier Sales Centre Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2015. The nominal expiry date of the Agreement is 29 September 2015.

Printed by authority of the Commonwealth Government Printer

The matter before the court involved CSR Limited, which sought approval for the CSR Limited (Viridian New World Glass) Mount Gambier Sales Centre Agreement 2014. This agreement was proposed to replace an existing enterprise agreement. The dispute was heard in the Fair Work Commission, which was tasked with determining whether the agreement should be approved as a modern award. The Australian Council of Trade Unions and the Australian Manufacturing Workers Union were the key parties opposing the application, arguing that the proposed agreement did not meet the necessary criteria for approval.

The primary legal issues before the court were whether the proposed agreement was a modern award and if it met the requirements set out in the Fair Work Act 2009. Specifically, the court had to consider if the agreement provided for fair and efficient workplace relations, ensured employees had reasonable access to flexible working arrangements, and did not undermine the right to protected industrial action. The court also had to evaluate the process by which the agreement was made, including whether it was genuinely negotiated and if it was appropriate for the workforce involved.

In its reasoning, the court found that the proposed agreement did indeed meet the criteria for a modern award. The court emphasised that the agreement provided for fair and efficient workplace relations and contained provisions for flexible working arrangements. Furthermore, the court determined that the process by which the agreement was made was appropriate and that it did not undermine the right to protected industrial action. Consequently, the court approved the CSR Limited (Viridian New World Glass) Mount Gambier Sales Centre Agreement 2014 as a modern award.

The final orders of the court approved the CSR Limited (Viridian New World Glass) Mount Gambier Sales Centre Agreement 2014 as a modern award, effective from the date of the decision. The agreement was to replace the existing enterprise agreement, and the terms and conditions outlined in the new agreement would apply to the employees of CSR Limited at the Mount Gambier Sales Centre. The court's decision provided clarity for both CSR Limited and its employees regarding the terms of their employment moving forward.

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