CSR Limited T/A Viridian New World Glass Summary

[2014] FWCA 1328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2014/215)

CSR VIRIDIAN DANDENONG AND AWU ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 24 FEBRUARY 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the CSR Viridian Dandenong and AWU Enterprise Agreement 2013-2016 (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 T/A Viridian New World Glass.

[2] 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] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Company has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2014. The nominal expiry date of the Agreement is 30 September 2016.

Annexure 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 the approval of the CSR Viridian Dandenong and AWU Enterprise Agreement 2013-2016. The agreement, which had been negotiated between CSR Limited and the Australian Workers' Union, was submitted for endorsement to ensure compliance with the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it complied with the good faith bargaining requirements, the minimum terms and conditions, and the overall fairness and reasonableness of the terms. The Commission had to consider whether the agreement provided for appropriate minimum wages and conditions, and if it contained any terms that were not genuinely negotiated or were otherwise unfair or unreasonable.

The Commission found that the agreement was the product of genuine good faith bargaining, met the minimum terms and conditions required by the Act, and was fair and reasonable. It noted that the agreement provided for wages and conditions that were no less favourable than the relevant industrial instrument and did not contain any terms that were unfair or unreasonable. The Commission was satisfied that the agreement had been negotiated in good faith and was in accordance with the relevant provisions of the Act.

Accordingly, the Commission approved the CSR Viridian Dandenong and AWU Enterprise Agreement 2013-2016. The approval ensures that the agreement is legally binding on the parties and can be enforced by the Commission. The decision provides certainty to both the employer and the employees covered by the agreement, and ensures that their rights and obligations are properly regulated under the Fair Work Act.

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