CSR Limited T/A Viridian New World Glass

[2014] FWCA 8153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2014/7755)

CSR LIMITED - VIRIDIAN - CANBERRA AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT AUGUST 2014 - AUGUST 2015

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the CSR Limited - Viridian - Canberra and the Construction, Forestry, Mining and Energy Union Collective Agreement August 2014 - August 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited - Viridian - Canberra and the Construction, Forestry, Mining and Energy Union Collective Agreement August 2014 - August 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CSR Limited T/A Viridian New World Glass. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from CSR Limited T/A Viridian New World Glass. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2014. The nominal expiry date of the Agreement is 17 August 2015.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CSR Limited, trading as Viridian New World Glass, applied for approval of the CSR Limited - Viridian - Canberra and the Construction, Forestry, Mining and Energy Union Collective Agreement, effective from August 2014 to August 2015. The Construction, Forestry, Mining and Energy Union (CFMEU) opposed the application, arguing that the proposed agreement contained unfair and unreasonable provisions. The primary legal issues revolved around whether the provisions of the agreement complied with the relevant statutory requirements under the Fair Work Act 2009, including fairness and reasonableness. The Commission examined the terms and conditions of the agreement, including the classification of workers, pay rates, hours of work, and other employment-related matters, to determine if they met the statutory standards.

The Fair Work Commission deliberated on whether the provisions of the agreement were fair and reasonable, considering the economic context and the bargaining positions of the parties. The Commission considered the classifications and pay rates, taking into account the industry standards and the need to balance the interests of both employers and employees. The Commission also assessed whether the agreement contained any provisions that could potentially undermine the rights or protections of employees. After careful consideration, the Commission found that the agreement generally met the statutory requirements for fairness and reasonableness. The Commission approved the agreement, noting that it provided a fair and reasonable framework for the employment relationship between CSR Limited and the CFMEU.

The Fair Work Commission's decision was based on a comprehensive analysis of the agreement's provisions, ensuring that they complied with the statutory requirements. The Commission approved the CSR Limited - Viridian - Canberra and the Construction, Forestry, Mining and Energy Union Collective Agreement, effective from August 2014 to August 2015. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would operate within the legal framework established by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established