DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2016/4238)

CSR LIMITED (VIRIDIAN NEW WORLD GLASS) CLAYTON MAINTENANCE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the CSR Limited (Viridian New World Glass) Clayton Maintenance Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited (Viridian New World Glass) Clayton Maintenance Agreement 2015 (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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, CSR Limited, trading as Viridian New World Glass, applied for the approval of the Clayton Maintenance Agreement 2015. This agreement was entered into by the company and its employees represented by the Australian Manufacturing Workers' Union. The primary dispute was centred on the terms and conditions of the agreement and its compliance with the relevant industrial relations legislation.

The court was required to decide whether the Clayton Maintenance Agreement 2015 was fair and reasonable, and if it complied with the provisions of the Fair Work Act 2009. Key issues included the adequacy of the agreement in addressing the interests of the employees and the fairness of the terms and conditions set out within it. The court also needed to consider whether the agreement appropriately balanced the rights and obligations of both the employer and the employees.

The court examined the agreement in detail, considering the submissions from both parties. It found that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The court was satisfied that the terms and conditions of the agreement were not detrimental to the employees and that it complied with the requirements of the Fair Work Act 2009. Therefore, the application for approval of the Clayton Maintenance Agreement 2015 was successful.

The final orders of the court approved the Clayton Maintenance Agreement 2015 as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would have effect from the date of the court's approval. The court's decision ensured that the agreement would provide a fair and reasonable framework for the relationship between CSR Limited and its employees represented by the AMWU.

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