DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth Scientific and Industrial Research Organisation T/A CSIRO
(AG2017/2526)

CSIRO ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER MCKINNON	MELBOURNE, 7 AUGUST 2017

Application for approval of the CSIRO Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CSIRO Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth and Scientific Industrial Research Organisation T/A CSIRO. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Community and Public Sector Union, 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, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2017. The nominal expiry date of the Agreement is 14 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Commonwealth Scientific and Industrial Research Organisation T/A CSIRO applied to the Fair Work Commission for approval of the CSIRO Enterprise Agreement 2017 - 2020. The application was contested by the Professional Officers Association, the Public Sector Union, and the Australian Services Union. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions, and whether it met the "better off overall test". The Commission had to consider whether the agreement provided for a minimum rate of pay and conditions that were not less favourable than the relevant industrial instrument, and whether the agreement was better off overall for the employees covered by it. The Commission also had to consider whether the agreement met the "good faith" requirement.

The Commission found that the agreement met all the criteria for approval. The agreement provided for minimum rates of pay and conditions that were not less favourable than the relevant industrial instrument, and it was better off overall for the employees covered by it. The Commission also found that the agreement was made in good faith. The application was approved on the basis that the agreement met all the necessary criteria. The Commission made orders approving the agreement.

Commonwealth Scientific and Industrial Research Organisation T/A CSIRO

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established