DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2015/1459)

CSR LIMITED VIRIDIAN NEW WORLD GLASS UNION COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2015

Application for approval of the CSR Limited Viridian New World Glass Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian New World Glass Union Collective 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 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union – Forestry and Furnishing Products Division (CFMEU-FFPD), 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved CSR Limited, trading as Viridian New World Glass, and the relevant union, where the union sought approval of a collective agreement. The Fair Work Commission was the court in this matter. The union sought to have the collective agreement approved under section 234 of the Fair Work Act 2009. The legal issues that the commission had to decide included whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The commission began by considering whether the agreement met the procedural requirements. The union had provided notice of the agreement to the employer and the commission, and the employer had not objected to the agreement. The commission then considered whether the agreement met the substantive requirements of the Fair Work Act, including whether it provided for a fair and reasonable outcome for the employees. The commission found that the agreement did meet the substantive requirements and was in the best interests of the employees. The agreement provided for a range of protections for the employees, including minimum wages, leave entitlements, and dispute resolution mechanisms.

The commission approved the agreement, finding that it was a good faith agreement that provided for a fair and reasonable outcome for the employees. The commission noted that the agreement provided for a number of protections for the employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. The commission also noted that the employer had not objected to the agreement, which was a positive indication of the agreement's merits. The commission was satisfied that the agreement was in the best interests of the employees and approved it under section 234 of 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