DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian
(AG2017/4128)

CSR LIMITED VIRIDIAN ROKEBY AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2017

Application for approval of the CSR Limited Viridian Rokeby Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Rokeby Agreement 2017 (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 T/A Viridian. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 August 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited applied for approval of the CSR Limited Viridian Rokeby Agreement 2017, which aimed to restructure the employment conditions of employees at its Rokeby site. The Australian Workers Union objected, arguing that the agreement would adversely affect employees' wages and conditions. The Fair Work Commission heard the matter, tasked with determining whether the proposed agreement met the legal requirements for approval.

The central legal issue was whether the agreement provided a fair and efficient mechanism for resolving the interests of the employees, as mandated by section 234 of the Fair Work Act 2009. The Commission considered whether the agreement met the "better off overall test" (BOOT), ensuring that the majority of employees would not be worse off and some would be better off. Additionally, the Commission assessed whether the agreement was made in good faith and whether the process leading to its formation was fair.

The Commission found that the agreement satisfied the BOOT, with a majority of employees being better off or no worse off, and a minority experiencing some disadvantage. The Commission concluded that the benefits of the agreement, such as job security and improved operational efficiency, outweighed the costs to a small number of employees. The Commission also found that the agreement was made in good faith and that the process was fair. Consequently, the application for approval was granted.

The Commission approved the CSR Limited Viridian Rokeby Agreement 2017, setting out the terms and conditions of employment for the relevant employees. The approved agreement included provisions for wages, hours of work, and other employment conditions, effective from the date of approval. The decision highlighted the importance of balancing the interests of employees with the need for business efficiency and adaptability.

CSR Limited T/A Viridian

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established