DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Limited T/A Viridian New World Glass
(AG2016/107)

CSR LIMITED WESTERN AUSTRALIA GLAZING AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 FEBRUARY 2016

Application for approval of the CSR Limited Western Australia Glazing Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Western Australia Glazing 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 Agreement was approved on 22 February 2016 and, in accordance with s.54, will operate from 29 February 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by CSR Limited, trading as Viridian New World Glass, to approve a workplace agreement. The application sought to establish the CSR Limited Western Australia Glazing Agreement 2015. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and if it was fit for purpose in providing a fair and efficient framework for the glazing industry in Western Australia. The Commission was tasked with assessing the agreement's provisions against the criteria set out in the Fair Work Act, including ensuring that the agreement would not undermine the protection of employees' rights and entitlements.

The key legal issues before the Commission were whether the proposed agreement provided for a fair and efficient workplace, whether it protected the rights and entitlements of employees, and whether it complied with the requirements of the Fair Work Act. The Commission had to consider the balance between the parties' bargaining power, the nature of the industry, and the potential impact of the agreement on employees. The Commission also needed to ensure that the agreement did not result in a worse-off position for employees compared to their previous conditions of employment.

After thorough examination, the Commission found that the CSR Limited Western Australia Glazing Agreement 2015 met the statutory requirements and was fit for purpose. The Commission concluded that the agreement provided for a fair and efficient workplace, protected the rights and entitlements of employees, and complied with the Fair Work Act. The Commission noted the comprehensive nature of the agreement, which addressed various aspects of employment, including wages, hours of work, and dispute resolution mechanisms. The decision was based on the evidence presented and the Commission's assessment of the agreement's provisions.

The Fair Work Commission approved the CSR Limited Western Australia Glazing Agreement 2015, effective from the date of the decision. This approval ensures that the agreement will serve as a binding framework for the glazing industry in Western Australia, providing a balance between the interests of employers and employees. The decision reflects the Commission's commitment to promoting fair and efficient workplaces while upholding the rights and protections of employees under the Fair Work Act.

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