DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSBP Limited
(AG2019/5110)

CSBP LIMITED ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 JANUARY 2020

Application for approval of the CSBP Limited Enterprise Agreement 2019.

[1] CSBP Limited has made an application for the approval of an enterprise agreement known as the CSBP Limited Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The United Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 28 January 2020 and, in accordance with s 54, will operate from 4 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CSBP Limited, a company operating in the fertiliser industry, and its employees. The matter before the court was an application for the approval of the CSBP Limited Enterprise Agreement 2019, which had been negotiated between the company and the employees' representatives. The application was made under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Fair Work Commission to be legally binding. The dispute centred around whether the agreement met the requirements of the Act and whether it was in the best interests of the employees.

The court was tasked with determining whether the Enterprise Agreement complied with the statutory provisions and if it provided for fair and reasonable terms and conditions for the employees. This involved assessing whether the agreement contained the mandated minimum terms and conditions, and whether it met the "better off overall test." The latter required the court to consider whether the agreement would provide employees with outcomes that were at least as good as what they would receive under the applicable award or safety net awards.

The court found that the CSBP Limited Enterprise Agreement 2019 was compliant with the requirements of the Fair Work Act 2009 and met the "better off overall test." The court considered the agreement to be fair and reasonable, as it provided for adequate wages, conditions, and entitlements for the employees. Furthermore, the agreement contained the necessary minimum terms and conditions, and the court was satisfied that the negotiation process was conducted in good faith. Consequently, the court approved the agreement, allowing it to become legally binding on the parties involved.

The final orders of the court were that the CSBP Limited Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. This approval meant that the agreement would now form the basis of employment for the employees of CSBP Limited, and both parties would be bound by its terms and conditions.

CSBP Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established