DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian
(AG2017/4881)

CSR LIMITED VIRIDIAN CARDIFF WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 DECEMBER 2017

Application for approval of the CSR Limited Viridian Cardiff Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Cardiff Workplace 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 December 2017 and, in accordance with s.54, will operate from 22 December 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant CSR Limited T/A Viridian, sought approval of the CSR Limited Viridian Cardiff Workplace Agreement 2017. The respondent, the Transport and Maritime Officers' Union, opposed the application on the basis that it did not meet the requirements of the Fair Work Act 2009. The agreement in question was an enterprise agreement made under section 174 of the Act, intended to govern the terms and conditions of employment for certain employees at the Cardiff facility.

The primary legal issues for the Commission to determine were whether the agreement was a "single-enterprise agreement" and whether it had been negotiated in "good faith" and "in accordance with the law." The respondent argued that the agreement was not a single enterprise agreement because it did not cover all employees at the Cardiff site, and that it had not been negotiated in good faith as required by the Act. CSR Limited contended that the agreement was valid and should be approved as it complied with all statutory requirements.

The Commission found that the agreement was indeed a single-enterprise agreement, as it covered all employees within the defined scope of the enterprise. It also determined that the agreement had been negotiated in good faith and in accordance with the law, despite the union's objections. The Commission considered that the evidence showed that both parties had engaged in the negotiation process with a genuine intention to reach an agreement, and that the process was conducted fairly and transparently. Accordingly, the application was approved, and the agreement was registered.

The Fair Work Commission orders that the CSR Limited Viridian Cardiff Workplace Agreement 2017 be approved and registered as a single-enterprise agreement. The agreement shall be in effect from the date of the Commission's decision and shall govern the terms and conditions of employment for the employees covered by the agreement until such time as it is replaced by a new agreement or otherwise terminated in accordance with the Fair Work Act 2009.

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