[2015] FWCA 488 [Note: Appeals pursuant to s.604 (C2015/1621 and C2015/1623) were lodged against this decision - refer to Full Bench decision dated 14 July 2015 [[2015] FWCFB 4624] for result of appeal.]

FAIR WORK COMMISSION

DECISION

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

CSR Limited T/A Viridian New World Glass
(AG2014/8328)

CSR LIMITED VIRIDIAN 'NEW WORLD GLASS' TOWNSVILLE SALES CENTRE 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' Townsville Sales Centre Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 26 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' Townsville Sales Centre 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

In the Fair Work Commission, the applicant CSR Limited T/A Viridian New World Glass sought approval of the CSR Limited Viridian 'New World Glass' Townsville Sales Centre Agreement 2014. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on the basis that the agreement did not provide adequate protections for employees and did not comply with relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided appropriate protections for employees and whether it complied with the requirements of the Fair Work Act. The Commission considered whether the agreement provided for adequate consultation and communication, provided for the protection of employee interests, and complied with the relevant provisions of the Fair Work Act.

After considering the submissions of both parties, the Commission found that the agreement provided appropriate protections for employees and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for adequate consultation and communication, provided for the protection of employee interests, and complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement and made an order accordingly.

The Commission's decision provides guidance to employers and employees on the requirements of enterprise agreements under the Fair Work Act. The decision highlights the importance of providing adequate protections for employees and ensuring that enterprise agreements comply with the requirements of the Act. The approval of the CSR Limited Viridian 'New World Glass' Townsville Sales Centre Agreement 2014 by the Commission sets a precedent for similar agreements in the industry.

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