Commonwealth Scientific and Industrial Research Organisation T/A CSIRO Summary

[2024] FWCA 1042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth Scientific and Industrial Research Organisation T/A CSIRO

(AG2024/542)

CSIRO ENTERPRISE AGREEMENT 2023 - 2026

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 25 MARCH 2024

Application for approval of the CSIRO Enterprise Agreement 2023 – 2026.

An application has been made for approval of an enterprise agreement known as the CSIRO Enterprise Agreement 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth Scientific and Industrial Research Organisation T/A CSIRO. The Agreement is a single enterprise agreement.

The CSIRO 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. The undertakings are taken to be a term of the agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CPSU, the Community and Public Sector Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2024. The nominal expiry date of the Agreement is 17 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Commonwealth Scientific and Industrial Research Organisation (CSIRO) applied to the Fair Work Commission for approval of their proposed enterprise agreement for the period 2023 to 2026. The application involved scrutiny of the agreement's compliance with relevant industrial laws and standards, ensuring it met the requirements for coverage, fairness, and procedural correctness. The Fair Work Commission was the tribunal tasked with evaluating the application and determining whether to approve the proposed agreement.

The primary legal issues that the Fair Work Commission had to address included whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the process by which the agreement was made, and whether it met the ‘better off overall test’. This test ensures that employees under the agreement are not worse off financially than they would be under the applicable award or registered agreement. Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution mechanisms and whether it provided for fair and reasonable terms and conditions.

In its decision, the Fair Work Commission examined the process by which the agreement was negotiated, the content of the agreement itself, and the implications for the employees involved. The Commission found that the agreement was made in accordance with the prescribed procedures and that it met the better off overall test. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions, and it included adequate dispute resolution processes. Based on this, the Commission approved the proposed CSIRO Enterprise Agreement 2023–2026.

The Fair Work Commission's final order was to approve the CSIRO Enterprise Agreement 2023–2026, effective from the date of the decision. This approval means that the agreement will govern the employment conditions of the employees covered by the agreement for the specified period. The decision ensures that the agreement is legally compliant and provides for the fair treatment of employees within the CSIRO.

Commonwealth Scientific and Industrial Research Organisation T/A CSIRO

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established