DECISION

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

CSR Limited T/A Viridian New World Glass
(AG2014/8253)

CSR LIMITED VIRIDIAN 'NEW WORLD GLASS' CAIRNS AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 JANUARY 2015

Application for approval of the CSR Limited Viridian 'New World Glass' Cairns Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 November 2014 by CSR Limited T/A Viridian New World Glass for the approval of a single-enterprise agreement known as the CSR Limited Viridian 'New World Glass' Cairns Agreement 2014(“the Agreement”).

[2] On 16 January 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by CSR Limited, trading as Viridian New World Glass, to approve the "CSR Limited Viridian 'New World Glass' Cairns Agreement 2014." The primary dispute was whether the proposed agreement met the necessary criteria under the Fair Work Act 2009 for approval as a registered agreement.

The legal issues the court had to address included whether the agreement provided for fair and reasonable terms and conditions for employees, including minimum rates of pay and conditions, and whether it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement provided appropriate processes for resolving disputes between the employer and employees.

The Fair Work Commission, after examining the evidence and submissions from both parties, determined that the proposed agreement complied with the statutory requirements. The Commission found that the agreement offered fair and reasonable terms and conditions for employees and was made in good faith. It also concluded that the agreement contained adequate dispute resolution processes. Consequently, the Commission approved the CSR Limited Viridian 'New World Glass' Cairns Agreement 2014, registering it as a registered agreement under the Fair Work Act 2009. The court's approval was based on its satisfaction that the agreement met all the necessary legal criteria for registration.

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