DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2016/4210)

CSR LIMITED VIRIDIAN NEW WORLD GLASS TINGALPA AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 16 SEPTEMBER 2016

Application for approval of the CSR Limited Viridian New World Glass Tingalpa Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian New World Glass Tingalpa Agreement 2016-2020 (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 23 September 2016. The nominal expiry date of the Agreement is 15 September 2020.

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 the approval of the CSR Limited Viridian New World Glass Tingalpa Agreement 2016-2020. The application followed an enterprise agreement being made between the applicant and the union representing the employees. The Fair Work Commission was required to determine whether the agreement was made in accordance with the relevant legislative provisions and whether it met the requirements for approval.

The central legal issues that the Commission needed to address were whether the agreement was genuinely an enterprise agreement, whether it was made without coercion, and whether it contained all the mandated terms and conditions. The Commission had to consider whether the agreement was made by the employees in good faith and whether it complied with the provisions of the Fair Work Act 2009. Additionally, the Commission needed to ensure that the agreement covered all the mandated minimum terms and conditions as stipulated in the Act.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and was made without any form of coercion. The Commission was satisfied that the agreement had been made in good faith by the union representing the employees and that it contained all the required terms and conditions. The Commission further found that the agreement met the statutory requirements for approval and did not contravene any provisions of the Fair Work Act 2009. Consequently, the application for approval of the CSR Limited Viridian New World Glass Tingalpa Agreement 2016-2020 was successful.

The Fair Work Commission approved the CSR Limited Viridian New World Glass Tingalpa Agreement 2016-2020, effective from the date of the Commission's decision. This approval allowed the agreement to be registered with the Fair Work Commission, thereby providing legal recognition and enforceability to the terms and conditions 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