CSR Limited T/A Viridian New World Glass

[2015] FWCA 161

[2015] FWCA 161

FAIR WORK COMMISSION

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