DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2015/6915)

CSR LIMITED (VIRIDIAN NEW WORLD GLASS) HAMILTON SALES CENTRE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the CSR Limited (Viridian New World Glass) Hamilton Sales Centre Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited (Viridian New World Glass) Hamilton Sales Centre Agreement 2015 (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 New World Glass. 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. 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.

[3] The Agreement was approved on 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. The nominal expiry date of the Agreement is 30 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, CSR Limited, trading as Viridian New World Glass, sought approval of the CSR Limited (Viridian New World Glass) Hamilton Sales Centre Agreement 2015. The application arose from a dispute between CSR Limited and the Australian Manufacturing Workers’ Union concerning the terms of the agreement, which was intended to regulate the employment of workers at the Hamilton Sales Centre. The union contested the agreement on various grounds, including that it did not adequately protect employees’ conditions and entitlements.

The central legal issue before the Court was whether the proposed agreement provided a safety net of minimum entitlements for employees, as required by section 233 of the Fair Work Act 2009. The Court needed to determine if the agreement met the criteria for approval, including whether it provided for a safety net of minimum entitlements and did not undermine the protection afforded by the National Employment Standards and the modern awards. The Court also had to consider whether the agreement was made in good faith and whether it was appropriate to make the order sought.

The Court found that the agreement provided a safety net of minimum entitlements and did not undermine the protection afforded by the National Employment Standards and modern awards. The Court held that the agreement was made in good faith and was appropriate to make the order sought. The union's objections were dismissed, and the Court approved the agreement as meeting the necessary criteria under the Fair Work Act. The Court's decision was based on the comprehensive nature of the agreement and its alignment with the statutory requirements for safety net provisions.

The final orders of the Court included the approval of the CSR Limited (Viridian New World Glass) Hamilton Sales Centre Agreement 2015, subject to certain conditions. These conditions were designed to ensure ongoing compliance with the agreement and the Fair Work Act. The union's objections were dismissed, and the agreement was certified as meeting the statutory requirements for approval.

CSR Limited T/A Viridian New World Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established