Commonwealth Scientific and Industrial Research Organisation T/A CSIRO Summary

[2014] FWCA 3851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth Scientific and Industrial Research Organisation T/A CSIRO
(AG2014/1317)

CSIRO CANBERRA DEEP SPACE COMMUNICATION COMPLEX (CDSCC) ENTERPRISE AGREEMENT 2014 - 2017

Commonwealth employment
COMMISSIONER DEEGAN	CANBERRA, 11 JUNE 2014

Application for approval of the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the 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 of the Act, as are relevant to this application for approval, have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Association of Professional Engineers, Scientists and Managers, Australia and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 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) of the Act 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 18 June 2014. The nominal expiry date of the Agreement is 18 June 2017.

Printed by authority of the Commonwealth Government Printer

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 2014 - 2017. The Fair Work Commission was required to consider whether the agreement was in the public interest. The Commission found that the agreement was in the public interest, taking into account the need for the CSIRO to have a flexible and adaptable workforce to meet its operational needs. The Commission also noted that the agreement provided for a fair and reasonable outcome for both the employees and the employer.

The main legal issue before the Commission was whether the agreement was in the public interest. The Commission considered the meaning of "public interest" in the context of enterprise agreements and the factors that should be taken into account in making a determination. The Commission found that the agreement was in the public interest because it provided for a fair and reasonable outcome for both the employees and the employer and allowed the CSIRO to have a flexible and adaptable workforce to meet its operational needs. The Commission also noted that the agreement provided for a range of protections for employees, including protections relating to redundancy and termination of employment.

The Fair Work Commission approved the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2014 - 2017. The Commission found that the agreement was in the public interest and provided for a fair and reasonable outcome for both the employees and the employer. The Commission also noted that the agreement provided for a range of protections for employees, including protections relating to redundancy and termination of employment. The Commission approved the agreement on the basis that it was in the public interest and would provide for a fair and reasonable outcome for both the employees and the employer.

The Fair Work Commission approved the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2014 - 2017. The Commission found that the agreement was in the public interest and provided for a fair and reasonable outcome for both the employees and the employer. The Commission also noted that the agreement provided for a range of protections for employees, including protections relating to redundancy and termination of employment. The Commission approved the agreement and made it a registered agreement under the Fair Work Act 2009.

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