DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2015/6332)

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

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 DECEMBER 2015

Application for approval of the CSR Limited (Viridian New World Glass) Mount Gambier 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) Mount Gambier 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 11 December 2015 and, in accordance with s.54, will operate from 18 December 2015. The nominal expiry date of the Agreement is 29 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, CSR Limited trading as Viridian New World Glass, sought approval for the Mount Gambier Sales Centre Agreement 2015 from the Fair Work Commission. This agreement was intended to govern the terms and conditions of employment for workers at the Mount Gambier Sales Centre. The application arose in the context of a broader enterprise agreement process, where the union representing the workers, the Construction, Forestry, Maritime, Mining and Energy Union, had not agreed to the terms proposed by CSR Limited. The Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement satisfied the requirements for approval under the Fair Work Act. Key among these was whether the agreement provided for terms and conditions that were no worse off and reasonably capable of being better off (the "no worse off and reasonably better off" test). Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it met the "better off overall test". CSR Limited argued that the proposed agreement would lead to more flexible working arrangements and improved productivity, while the union contended that the proposed terms would result in a deterioration of the workers' conditions.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The Commission determined that the agreement provided for terms and conditions that were no worse off and reasonably capable of being better off for the workers. The Commission also found that the agreement had been made in good faith and met the better off overall test. The Commission highlighted the improved flexibility for workers and the potential for better productivity as significant factors in its decision. Consequently, the application for approval of the Mount Gambier Sales Centre Agreement 2015 was approved.

The Fair Work Commission approved the Mount Gambier Sales Centre Agreement 2015, effective from the date of the decision. The approved agreement now governs the terms and conditions of employment for workers at the Mount Gambier Sales Centre, as outlined in the application. This decision ensures that the workers are covered by an agreement that meets the statutory requirements for approval under the Fair Work Act.

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