DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2016/4634)

CSR LIMITED HOBART SALES CENTRE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Hobart 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, CSR Limited trading as Viridian New World Glass, applied to the Fair Work Commission for approval of the CSR Limited Hobart Sales Centre Agreement 2016. The applicant sought to approve the agreement to facilitate the operation of its sales centre in Hobart, Tasmania, under a more streamlined set of employment terms. The dispute centred around the application's compliance with the requirements of the Fair Work Act 2009 and the appropriateness of the terms of the agreement.

The legal issues before the Commission involved whether the proposed agreement met the statutory criteria for an enterprise agreement, including the requirement that it provide for a direct communication mechanism between the employer and the employees. Additionally, the Commission considered whether the agreement provided for a fair and reasonable method of determining employees' wages and conditions, and if it contained provisions that were in line with the objectives of the Fair Work Act, including the protection of employee rights and the promotion of harmonious, productive, and cooperative workplace relations.

The Commission found that the application was compliant with the requirements of the Fair Work Act. It was noted that the agreement provided for a direct communication mechanism and contained provisions that were fair and reasonable in terms of wages and conditions. The Commission concluded that the agreement was likely to promote harmonious, productive, and cooperative workplace relations and approved the application. The Commission's decision was grounded in its assessment that the agreement's terms were consistent with the objectives of the Fair Work Act and the need for streamlined operations in the applicant's sales centre.

The Fair Work Commission approved the CSR Limited Hobart Sales Centre Agreement 2016, effective from the date of the decision. This approval ensures that the agreement will be applicable to the employees of the sales centre in Hobart, facilitating the intended streamlined operations while safeguarding employee rights and promoting constructive workplace relations.

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