DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2017/280)

CSR LIMITED DEVONPORT SALES CENTRE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 MARCH 2017

Application for approval of the CSR Limited Devonport Sales Centre Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Devonport Sales Centre Agreement 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. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 7 March 2017 and, in accordance with s.54, will operate from 14 March 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CSR Limited, trading as Viridian New World Glass, which applied for approval of the CSR Limited Devonport Sales Centre Agreement 2016. The Fair Work Commission was the forum for this application. The nature of the dispute centred around whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 for approval and registration. Specifically, CSR Limited sought to have the agreement recognised as a registered agreement that would facilitate the operation of its Devonport Sales Centre.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it was sufficiently detailed and compliant with the Act, and whether it contained appropriate dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both the employer and the employees. CSR Limited argued that the agreement was the result of genuine negotiations, met all statutory requirements, and offered fair terms for both parties.

In its decision, the Fair Work Commission examined the negotiation process, the contents of the agreement, and the parties' compliance with the Act. The Commission determined that the agreement had been genuinely negotiated and that it contained adequate provisions for the operation of the Devonport Sales Centre. It also found that the agreement met the necessary requirements for registration under the Fair Work Act 2009. Consequently, the Commission approved the CSR Limited Devonport Sales Centre Agreement 2016 and ordered its registration.

This decision underscores the importance of ensuring that all agreements are genuinely negotiated and comply with statutory requirements to facilitate fair industrial relations practices. The Commission's approval and registration of the agreement will allow CSR Limited to operate its Devonport Sales Centre under the terms set out in the agreement.

CSR Limited T/A Viridian New World Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established