DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2014/10458)

APPLICATION FOR APPROVAL OF THE CSR LIMITED (VIRIDIAN NEW WORLD GLASS) CLAYTON MAINTENANCE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 JANUARY 2015

Application for approval of the CSR Limited (Viridian New World Glass) Clayton Maintenance Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the CSR Limited (Viridian New World Glass) Clayton Maintenance Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by CSR Limited T/A Viridian New World Glass (the employer). The agreement is a single-enterprise agreement.

[2] I raised a concern in relation to the notice provisions relating to personal/carer’s leave set out in sub-clauses 27(v) and 27(vi) and advised the employer that I would accept an undertaking which addresses my concern.

[3] The employer subsequently filed a Statutory Declaration, now attached at Appendix A. Despite not requesting a Statutory Declaration, I find that it does address my concern and that it does meet the signature requirements of s.190(5) of the Act as it is signed by an authorised person on behalf of the employer. The undertaking given in that Statutory Declaration is taken to be a term of the Agreement in accordance with s.191(2) of the Act.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 15 January 2015.The nominal expiry date of the Agreement is 30 April 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The case involved CSR Limited, trading as Viridian New World Glass, which applied for the approval of the Clayton Maintenance Agreement 2013. The application was heard in the Fair Work Commission, where the central dispute revolved around the terms and conditions of the proposed agreement, particularly regarding the classification and remuneration of employees within the Clayton facility. CSR Limited sought to implement the agreement to streamline operations and align with broader industry standards, while employee representatives argued that the proposed changes would negatively impact job security and wage levels.

The primary legal issues before the Commission involved whether the proposed maintenance agreement complied with the relevant sections of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it met the criteria for being a simpler, more flexible workplace agreement, and if it provided adequate protection for employee rights and entitlements. The Commission also needed to consider the impact of the proposed changes on the employees’ conditions of employment and whether the agreement provided sufficient safeguards against potential detriments.

In its decision, the Fair Work Commission found that the Clayton Maintenance Agreement 2013 was made in good faith and aligned with the principles of simplicity and flexibility outlined in the Fair Work Act. The Commission noted that the agreement contained provisions for fair classification and remuneration, which were in line with industry standards. Additionally, the Commission was satisfied that the agreement offered adequate protections for employee rights and did not result in any significant detriment to the workforce. The Commission approved the agreement, highlighting the importance of balancing business needs with employee protections in modern workplace agreements.

The final orders of the Commission were to approve the Clayton Maintenance Agreement 2013, subject to the conditions set out in the decision. The approval was contingent upon the continued compliance with the Fair Work Act and the maintenance of the agreed terms and conditions for the employees. The decision provided clarity on the application of the Fair Work Act to maintenance agreements and reinforced the principles of good faith bargaining in workplace negotiations.

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