CSR Limited

[2014] FWCA 1910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited
(AG2014/226)

CSR VIRIDIAN SYDNEY DISTRIBUTION CENTRE AND AWU ENTERPRISE AGREEMENT - 2014-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MARCH 2014

Application for approval of the CSR Viridian Sydney Distribution Centre and AWU Enterprise Agreement - 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Viridian Sydney Distribution Centre and AWU Enterprise Agreement - 2014-2015 (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 Australian Workers’ 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] On 13 March 2014 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 March 2014. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CSR Limited sought approval for the CSR Viridian Sydney Distribution Centre and the AWU Enterprise Agreement for the years 2014 to 2015. The Australian Workers' Union (AWU) opposed the application, arguing that the agreement failed to provide adequate terms and conditions for employees. The dispute centred on the fairness and practicality of the proposed agreement, particularly in relation to wages, working conditions, and procedural fairness.

The legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for a fair and efficient workplace. The Commission needed to determine if the agreement was made in good faith, provided for procedural fairness, and ensured minimum standards of pay and conditions. It was also necessary to assess if the agreement allowed for a fair and efficient workplace and if it complied with the statutory framework.

The Commission found that the CSR Viridian Sydney Distribution Centre and the AWU Enterprise Agreement met the statutory requirements. The agreement was deemed to be made in good faith and provided for procedural fairness. The Commission concluded that the agreement contained terms that were fair and efficient, providing adequate wages and conditions. Additionally, the agreement was found to comply with the statutory framework, ensuring minimum standards of pay and conditions were met. Therefore, the application for approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established