Commonwealth Scientific and Industrial Research Organisation T/A CSIRO Summary

[2025] FWCA 595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth Scientific and Industrial Research Organisation T/A CSIRO

(AG2024/5262)

CSIRO CANBERRA DEEP SPACE COMMUNICATION COMPLEX (CDSCC) ENTERPRISE AGREEMENT 2025 – 2028

Commonwealth employment
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 FEBRUARY 2025

Application for approval of the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2025 – 2028

An application has been made for approval of an enterprise agreement known as the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2025 – 2028 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 February 2025. The nominal expiry date of the Agreement is 20 February 2028.

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

DEPUTY PRESIDENT

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 Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2025 – 2028. The application arose from negotiations between the employer and the employees represented by the Communication, Electrical, Electronic, and Plumbing Union of Australia (CEEIU). The employees were represented by the CEEIU, and the employer was represented by the Department of Industry, Science, Energy, and Resources. The parties could not reach an agreement on various issues, including pay rates, shift penalties, and penalty rates for public holidays.

The Fair Work Commission was required to determine whether the proposed agreement was in the best interests of the employees. The Commission examined the evidence and submissions from both parties and assessed whether the agreement provided fair and reasonable terms for the employees. The Commission also considered the principles of enterprise bargaining and the need to achieve a balance between the interests of the employer and the employees.

In its decision, the Fair Work Commission found that the proposed agreement was in the best interests of the employees. The Commission considered that the agreement provided fair and reasonable terms for the employees, including appropriate pay rates and shift penalties. The Commission also noted that the agreement contained provisions for the protection of employees' rights and interests, including provisions for consultation and dispute resolution. The Commission approved the proposed agreement and ordered that it be registered with the Fair Work Commission.

The Fair Work Commission ordered that the CSIRO Canberra Deep Space Communication Complex (CDSCC) Enterprise Agreement 2025 – 2028 be registered with the Fair Work Commission. The agreement will now be binding on the parties and will govern the terms and conditions of employment for the employees represented by the CEEIU at the CDSCC. The decision of the Fair Work Commission is final and binding on the parties and cannot be appealed except on limited grounds.

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