DECISION

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

CSR Limited T/A Viridian New World Glass
(AG2014/10396)

CSR LIMITED VIRIDIAN ERSKINE PARK WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JANUARY 2015

Application for approval of the CSR Limited Viridian Erskine Park Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Erskine Park Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertakings provided by the employer and they are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision as Annexure A.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 16 January 2015. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited, trading as Viridian New World Glass, applied for approval of the CSR Limited Viridian Erskine Park Workplace Agreement 2014. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at the Erskine Park workplace, including issues such as wages, hours of work, and other employment-related matters.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable set of terms and conditions for the employees and whether it complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been made without coercion and provided for fair and reasonable terms and conditions. The Commission also needed to ensure that the agreement did not discriminate against any group of employees and that it complied with the applicable minimum standards set out in the National Employment Standards.

After reviewing the submissions and evidence from both CSR Limited and the relevant trade unions, the Commission determined that the agreement met the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, had been made without coercion, and did not discriminate against any group of employees. The Commission was also satisfied that the agreement complied with the applicable minimum standards and did not adversely affect the employees' existing terms and conditions of employment.

As a result, the Fair Work Commission approved the CSR Limited Viridian Erskine Park Workplace Agreement 2014, which will now apply to the employees at the Erskine Park workplace. This decision ensures that the employees will have a clear understanding of their rights and obligations under the agreement and provides a framework for resolving any disputes that may arise in the future.

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