Central Security Manufacturing Pty Ltd T/A Central Security Screens And Locks

[2025] FWCA 2907

[2025] FWCA 2907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Security Manufacturing Pty Ltd T/A Central Security Screens And Locks

(AG2025/2477)

CSM ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 28 AUGUST 2025

Application for approval of the CSM Enterprise Agreement 2024

1. Central Security Manufacturing Pty Ltd T/A Central Security Screens And Locks (the Applicant) has made an application for the approval of an enterprise agreement known as the CSM Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 30(b) of the Agreement provides that ‘an employee must notify the employer personally by telephone, and not by text, of such an absence as soon as practical to do so’. This appears to be more restrictive than section 107 of the Act, which provides that an employee must notify the employer as soon as reasonably practicable (which may be after the leave has started) and does not restrict the form of notification.

(b)Clause 34 of the Agreement provides compassionate leave where a member of an employee’s immediate family or household contracts or develops a serious illness or sustains a serious injury or dies however it is silent in relation to compassionate leave for stillbirth/miscarriage as is provided by s.104(1)(b) and (c) of the Act.

1. However, I am satisfied that under clause 6 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 28 August 2025 and, in accordance with s 54, will operate from 4 September 2025. The nominal expiry date of the Agreement is 28 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530252  PR791202>