DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2015/4339)

CSR LIMITED - VIRIDIAN - CANBERRA AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT AUGUST 2015-AUGUST 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the CSR Limited - Viridian Canberra and the Construction, Forestry, Mining and Energy Union Collective Agreement August 2015 - August 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited – Viridian – Canberra and the Construction, Forestry, Mining and Energy Union Collective Agreement August 2015- August 2018 (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 trading as 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 ACT Branch 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 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 17 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CSR Limited, trading as Viridian New World Glass, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the application for the approval of a collective agreement between the two parties, which was set to run from August 2015 to August 2018. The matter was heard in the Fair Work Commission (FWC).

The central legal issues revolved around the terms of the proposed agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement met the requirements for a modern award, considering factors such as the bargaining process, the content of the agreement, and its impact on the parties involved. The CFMEU contested certain provisions of the agreement, arguing they were not in line with the principles of the Fair Work Act.

The FWC meticulously reviewed the agreement, examining the bargaining process and the substantive provisions of the contract. It considered the fairness of the terms and conditions proposed, including wages, hours of work, and other employment-related matters. After careful deliberation, the FWC found that the agreement, while not perfect, was generally fair and reasonable. The Commission approved the agreement, acknowledging the need to balance the interests of both employers and employees while ensuring compliance with the legislative framework.

The final orders of the FWC included the approval of the CSR Limited – Viridian Canberra and the CFMEU Collective Agreement August 2015 - August 2018, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act. The FWC's decision provided clarity on the terms of the agreement and set a precedent for future negotiations between the parties.

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