Commonwealth Scientific and Industrial Research Organisation T/A CSIRO

[2020] FWCA 5962

[2020] FWCA 5962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth Scientific and Industrial Research Organisation T/A CSIRO
(AG2020/2870)

CSIRO ENTERPRISE AGREEMENT 2020 - 2023

Commonwealth employment
DEPUTY PRESIDENT CLANCY	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the CSIRO Enterprise Agreement 2020 - 2023.

[1] An application has been made for the approval of an enterprise agreement known as the CSIRO Enterprise Agreement 2020 - 2023 (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.

[2] The Agreement does not cover all of the employees of CSIRO, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] I note there is a National Employment Standards (NES) precedence clause at Clause 8.1 of the Agreement to the effect that where there is an inconsistency between the Agreement and the NES, and the NES provides a higher benefit, the NES provision will apply to the extent of the inconsistency. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[6] The Community and Public Sector Union (CPSU), 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 (CEPU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), 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) and based on the statutory declarations provided by the CPSU, AMWU, CEPU and APESMA, I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with its Clause 2 and s.54(1)(b) of the Act, will operate from 15 November 2020. The nominal expiry date of the Agreement is 16 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A