DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2015/3887)

CSR LIMITED (VIRIDIAN NEW WORLD GLASS) WOLLONGONG WORKPLACE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JULY 2015

Application for approval of the CSR Limited (Viridian New World Glass) Wollongong Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited (Viridian New World Glass) Wollongong Workplace 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] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 16 July 2015 and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by CSR Limited, trading as Viridian New World Glass, seeking approval for their Wollongong Workplace Agreement 2015. The applicant sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009, which would exempt it from certain unfair dismissal provisions. The matter was heard in the Fair Work Commission, which is a tribunal with specialised expertise in employment law and workplace relations.

The legal issues that the Commission was required to determine included whether the agreement complied with the requirements of the Fair Work Act, specifically section 231, which governs the process for approving protected action agreements. The Commission also needed to consider whether the agreement provided adequate protections for employees, including whether it allowed for genuine consultation and negotiation, and whether it ensured that employees were not disadvantaged by the protected action provisions.

The Commission found that the agreement did not fully comply with the requirements of the Fair Work Act. While the agreement contained some provisions that appeared to provide for genuine consultation and negotiation, the Commission found that these provisions were not sufficiently robust to ensure that employees were not disadvantaged by the protected action provisions. The Commission also found that the agreement did not provide adequate protections for employees in relation to termination of employment. As a result, the Commission refused to approve the agreement as a protected action agreement.

The Commission's decision highlights the importance of ensuring that workplace agreements provide adequate protections for employees, particularly in relation to termination of employment. Employers should take care to ensure that their agreements comply with the requirements of the Fair Work Act, and that they provide for genuine consultation and negotiation with employees. Failure to do so may result in the agreement being refused approval by the Commission, which could have significant implications for both the employer and employees.

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