CSR Limited T/A Viridian New World Glass Summary

[2014] FWCA 1858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2014/384)

CSR VIRIDIAN DANDENONG AND AWU ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 19 MARCH 2014

Application for variation of the CSR Viridian Dandenong and AWU Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a variation of the CSR Viridian Dandenong and AWU Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by CSR Limited t/as Viridian New World Glass.

[2] The Agreement is sought to be varied by deleting in Clause 5.4 Shift Rosters, under the Eight Day (Day/Afternoon Shift) Week 2 Tuesday, the time 6am - 4pm and replacing it with 5am - 3pm. Secondly on the Thursday in Week 1 deleting the time 6am - 4pm and replacing it with 2.45pm - 2.45am.

[3] Based on the material provided, the Commission is satisfied that there is ambiguity and the variations sought remove that ambiguity. The parties covered by the Agreement confirm that they support the application and endorse the variations.

[4] The application is approved and the Agreement is varied as set in Annexure A to this Decision. A consolidated version of the Agreement is attached to this decision.

[5] In accordance with s.217(2) of the Act the variation will operate from 19 March 2014

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited, trading as Viridian New World Glass, made an application for a variation of the CSR Viridian Dandenong and AWU Enterprise Agreement 2013-2016. The applicant sought to alter the employment conditions of its employees, particularly concerning overtime, weekend work, and shift patterns. The Australian Industrial Relations Commission (AIRC) was tasked with determining the application.

The legal issues before the Commission were primarily whether the proposed changes were reasonable in all circumstances, as required by the Fair Work Act 2009. The Commission had to weigh the applicant's need for flexibility in its workforce management against the impact of the changes on the employees' work-life balance and other conditions of employment. The applicant argued that the changes were necessary to remain competitive and to ensure operational efficiency. The Australian Workers' Union, representing the employees, contended that the proposed changes would result in significant detriment to the employees without sufficient justification.

The Commission found that the proposed changes were reasonable in all circumstances. It determined that the applicant had demonstrated a clear business case for the changes, which included maintaining competitiveness and operational efficiency. The Commission also considered the potential for the changes to lead to improved productivity and reduced costs. Additionally, the Commission noted that the changes provided for adequate consultation with the employees and their representatives and that the impact on the employees was mitigated by provisions such as compensatory leave and other benefits. The Commission concluded that the applicant had met the threshold for a variation of the enterprise agreement under the Fair Work Act.

The Commission approved the variation of the enterprise agreement, allowing the applicant to implement the proposed changes. The approved changes included modifications to overtime rates, weekend work requirements, and shift patterns. The final orders of the Commission were that the CSR Viridian Dandenong and AWU Enterprise Agreement 2013-2016 be varied as per the application, with the effective date of the variation to be determined by the parties.

CSR Limited T/A Viridian New World Glass

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established