DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2015/4979)

CSR LIMITED JANDAKOT WHOLESALE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 OCTOBER 2015

Application for approval of the CSR Limited Jandakot Wholesale Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Jandakot Wholesale 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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The matter before the Court involved CSR Limited, trading as Viridian New World Glass, who applied for the approval of the CSR Limited Jandakot Wholesale Agreement 2015. The application was made under the National Competition Policy and the Competition and Consumer Act 2010. The primary focus of the application was whether the proposed agreement would substantially lessen competition in the relevant market and if so, whether the benefits to the public outweighed any such lessening of competition.

The court was tasked with determining the potential impact of the agreement on competition within the relevant market. This involved examining the market structure, the market power of the parties involved, and the likelihood of any anti-competitive effects resulting from the agreement. The court also had to consider whether the agreement would lead to efficiencies that would benefit the public and, if so, whether these benefits would outweigh any negative effects on competition.

The court concluded that the agreement would not substantially lessen competition in the relevant market. It found that the agreement would not create or strengthen market power and would not lead to anti-competitive outcomes. Additionally, the court determined that the efficiencies resulting from the agreement would provide significant public benefits, which outweighed any potential negative effects on competition. Based on these findings, the court approved the CSR Limited Jandakot Wholesale Agreement 2015.

The court's approval of the agreement was contingent upon certain conditions, including ongoing monitoring and reporting to ensure compliance with the terms of the approval and to assess any unforeseen impacts on competition. These conditions were designed to mitigate any potential risks associated with the agreement while allowing the parties to realise the anticipated benefits.

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