DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2016/673)

CSR LIMITED VIRIDIAN COMMERCIAL AND DESIGN SYDNEY WORKPLACE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the CSR Limited Viridian Commercial and Design Sydney Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Viridian Commercial and Design Sydney 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 1 April 2016 and, in accordance with s.54, will operate from 8 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission involved CSR Limited, trading as Viridian New World Glass, seeking approval of the CSR Limited Viridian Commercial and Design Sydney Workplace Agreement 2015. The dispute arose as the parties were unable to reach an agreement regarding certain terms and conditions of employment, necessitating intervention by the Fair Work Commission. The application was brought under the Fair Work Act 2009, which empowers the Commission to approve workplace agreements that comply with the Act's requirements.

The legal issues the court needed to address included whether the workplace agreement met the criteria for approval under section 234 of the Fair Work Act, including whether it provided for a safety net of minimum entitlements, and whether it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement contained any terms that were contrary to public policy or that unfairly disadvantaged employees.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement largely complied with the statutory requirements. The Commission noted that the agreement provided for a safety net of minimum entitlements and was made in good faith. However, it identified certain terms that it considered to be contrary to public policy and not in the best interests of the employees. These terms were subsequently modified to align with the Act's requirements. Having made these modifications, the Commission was satisfied that the agreement was fair and could be approved.

The Fair Work Commission approved the CSR Limited Viridian Commercial and Design Sydney Workplace Agreement 2015 with the modified terms, ensuring that it met all the necessary statutory criteria. This decision provided a resolution to the dispute, allowing the parties to move forward with the agreed terms of employment.

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