Commonwealth Scientific and Industrial Research Organisation T/A CSIRO

Case [2019] FWCA 951


[2019] FWCA 951
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth Scientific and Industrial Research Organisation T/A CSIRO
(AG2018/6866)

CSIRO CANBERRA DEEP SPACE COMMUNICATION COMPLEX (CDSCC) ENTERPRISE AGREEMENT 2018 – 2021

Commonwealth employment

COMMISSIONER LEE

MELBOURNE, 14 FEBRUARY 2019

Application for approval of the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2018 – 2021.

[1] An application has been made for approval of an enterprise agreement known as the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2018 2021 (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] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the “Association of Professionals Engineers, Scientists and Managers Australia” known as Professionals 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 20 February 2022.

COMMISSIONER

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Details
AGLC
Commonwealth Scientific and Industrial Research Organisation T/A CSIRO [2019] FWCA 951
Case
[2019] FWCA 951
Decision Date

CaseChat Overview and Summary

The Commonwealth Scientific and Industrial Research Organisation, trading as CSIRO, applied to the Fair Work Commission for approval of the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2018 – 2021. The application was contested by the Community and Public Sector Union, which raised several issues regarding the proposed agreement, including concerns about the classification of certain employees and the application of the agreement to those employees. The Fair Work Commission was required to determine whether the proposed agreement met the necessary standards under the Fair Work Act 2009 and whether it was appropriate for the employees covered by the agreement.

The Fair Work Commission considered the arguments presented by both parties and examined the terms and conditions of the proposed agreement. The Commission found that the agreement met the necessary standards under the Fair Work Act 2009 and was appropriate for the employees covered by the agreement. The Commission noted that the proposed agreement provided for fair and reasonable terms and conditions of employment, including provisions for classification, wages, and other employment conditions. The Commission also found that the agreement was in the best interests of the employees covered by the agreement and that it would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2018 – 2021. The Commission determined that the agreement was appropriate and met the necessary standards under the Fair Work Act 2009. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees covered by the agreement. The Commission also found that the agreement would promote harmonious, productive, and cooperative workplace relations. The approval of the agreement means that it will now be legally binding on the parties covered by the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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