DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2016/914)

CSR LIMITED VIRIDIAN HOME COMFORT ERSKINE PARK WORKPLACE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the CSR Limited Viridian Home Comfort Erskine Park Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Home Comfort Erskine Park Workplace 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. 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.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSR Limited, trading as Viridian Home Comfort, sought approval of the CSR Limited Viridian Home Comfort Erskine Park Workplace Agreement 2015. The application was made to the Fair Work Commission, which is tasked with the regulation and approval of workplace agreements under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, which sought to govern the employment conditions of certain employees at the Erskine Park workplace.

The legal issues before the Commission involved determining whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of its compliance with the 'better off overall test' and whether it contained mandatory terms that were not unfair. The Commission was required to assess the agreement's provisions in light of the legislative framework that ensures workplace agreements provide for fair and reasonable terms and conditions of employment.

The Commission examined the proposed agreement clause by clause, taking into account the submissions from both CSR Limited and the union representing the employees. The Commission found that the agreement met the better off overall test and that the mandatory terms were not unfair. The Commission approved the application, concluding that the agreement would provide for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the CSR Limited Viridian Home Comfort Erskine Park Workplace Agreement 2015, subject to certain conditions and modifications to address minor concerns raised during the hearing. The approval ensures that the agreement will govern the employment conditions of the relevant employees, providing them with a clear understanding of their rights and obligations under the new 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