| [2023] FWCA 748 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CSBP Limited
(AG2023/413)
CSBP Limited Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 8 MARCH 2023 |
Application for approval of the CSBP Limited Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the CSBP Limited Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CSBP Limited (Employer). The Agreement is a single enterprise agreement.
Coverage of employee organisations
The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:
United Workers’ Union;
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union.
In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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- AGLC
- CSBP Limited [2023] FWCA 748
- Case
- [2023] FWCA 748
- Decision Date
CaseChat Overview and Summary
The legal issues that the Commission was required to decide included whether the enterprise agreement met the requirements of the Fair Work Act, specifically regarding the good faith bargaining process and the coverage of the agreement. Additionally, the Commission had to assess whether the agreement complied with the minimum terms and conditions set out in the Fair Work Act and whether it was in the best interests of the employees covered by the agreement.
The Commission found that the enterprise agreement met the good faith bargaining requirements and was appropriately registered under the Fair Work Act. The agreement was also compliant with the minimum terms and conditions. Furthermore, the Commission determined that the agreement was in the best interests of the employees, considering the benefits provided by the agreement, such as increased wages and improved working conditions. Consequently, the application for approval of the CSBP Limited Enterprise Agreement 2022 was successful.
The Fair Work Commission approved the CSBP Limited Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered and applied as a registered enterprise agreement under the Fair Work Act. The decision confirmed the validity of the agreement and its compliance with the legislative requirements, ensuring that the terms and conditions of employment for the employees covered by the agreement were appropriately regulated.
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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