DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian
(AG2017/5600)

CSR LIMITED VIRIDIAN UNION COLLECTIVE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the CSR Limited Viridian Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Union Collective 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] The Applicant has provided written undertakings. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 31 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSR Limited, trading as Viridian, applied for approval of the CSR Limited Viridian Union Collective Agreement 2017. The Australian Workers' Union was the relevant union, and the application was made to the Fair Work Commission. The union sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, particularly those relating to pay and conditions for the union's members.

The legal issues that the Commission had to decide included whether the agreement met the requirements of the Fair Work Act, specifically if it provided for fair and reasonable pay and conditions. The union argued that the proposed agreement was fair and reasonable, while CSR Limited contended that certain provisions were not reasonable. CSR Limited submitted that the agreement failed to meet the "better off overall test" and that some provisions were not necessary for the protection of employees' wages and conditions.

The Fair Work Commission determined that the proposed agreement was fair and reasonable overall. The Commission considered the "better off overall test" and found that employees would be better off under the new agreement than under the previous one. The Commission also found that the provisions challenged by CSR Limited were necessary for the protection of employees' wages and conditions. As such, the application for approval was granted, and the CSR Limited Viridian Union Collective Agreement 2017 was approved.

The Fair Work Commission ordered that the CSR Limited Viridian Union Collective Agreement 2017 be approved and registered. The agreement was to commence on the date of the Commission's decision and would remain in force until 31 December 2020, or until terminated in accordance with the agreement or the Fair Work Act. This decision ensures that the terms of the agreement are legally binding on both parties and provides a framework for the employment relationship moving forward.

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