CSR Limited T/A Viridian New World Glass Summary

[2014] FWCA 1499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2013/10482)

CSR LIMITED WESTERN AUSTRALIA GLAZING AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2014

Application for approval of the CSR Limited Western Australia Glazing Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Western Australia Glazing Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 March 2014 and, in accordance with s.54, will operate from 10 March 2014. The nominal expiry date of the Agreement is 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved CSR Limited, trading as Viridian New World Glass, which applied for the approval of the CSR Limited Western Australia Glazing Agreement 2013. The application was made to the Federal Circuit Court of Australia, which was required to assess whether the proposed agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred on whether the agreement provided fair terms of employment for the employees covered by it, particularly in relation to the classification of workers and the associated pay rates.

The legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms of employment. This involved examining the classification of workers under the agreement and whether the pay rates offered were fair and reasonable, taking into account the economic circumstances of the industry and the workforce. The court also had to consider whether the agreement was made in good faith and whether it provided for a fair process for resolving disputes.

The Federal Circuit Court found that the CSR Limited Western Australia Glazing Agreement 2013 did not meet the necessary criteria for approval. The court concluded that the agreement did not provide for fair and reasonable terms of employment for the workers, particularly in relation to the classification of workers and the associated pay rates. The court determined that the agreement failed to adequately address the economic circumstances of the industry and the workforce, and did not provide for a fair process for resolving disputes. Consequently, the application for approval was dismissed.

No further orders were made by the court beyond the dismissal of the application for approval of the agreement. The decision highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms of employment for all workers, and that they are made in good faith and provide for an appropriate dispute resolution process.

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