DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2015/4528)

CSR LIMITED VIRIDIAN VICTORIAN FACTORY AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for approval of the CSR Limited Viridian Victorian Factory Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Victorian Factory 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. 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 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.

[4] The Agreement was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited T/A Viridian New World Glass applied to the Fair Work Commission for approval of the CSR Limited Viridian Victorian Factory Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for a modern award, and if it provided appropriate protections for employees, particularly in relation to working conditions, pay rates, and dispute resolution mechanisms.

The central legal issues before the Commission were whether the agreement was a "modern award" under the Fair Work Act, and if it met the criteria for approval, including the provision of "no worse off" protections for employees and compliance with the "better off overall test." The Commission had to determine if the agreement provided employees with pay rates and conditions that were at least as good as those provided by the relevant modern award, and if it offered improvements in other areas such as flexibility and productivity. The CFMEU argued that the agreement did not adequately protect employees' rights and conditions, particularly in relation to shift patterns and overtime entitlements.

The Commission found that the CSR Limited Viridian Victorian Factory Agreement 2015 was a valid modern award as it met the statutory requirements of the Fair Work Act. The agreement provided employees with protections that were at least as good as, and in some cases better than, those provided by the relevant modern award. The Commission determined that the agreement offered improvements in areas such as flexibility and productivity, and it satisfied the "better off overall test." The Commission also found that the agreement contained adequate provisions for dispute resolution and did not disadvantage employees in terms of working conditions or pay rates. Consequently, the application for approval of the agreement was successful.

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