DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSBP Limited
(AG2016/6254)

CSBP LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the CSBP Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSBP Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSBP Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and United Voice, 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.

[4] The Agreement was approved on 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 26 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant CSBP Limited sought approval of the CSBP Limited Enterprise Agreement 2016. The respondent, the National Farmers' Federation, argued that the agreement should not be approved as it failed to meet the requirements of the Fair Work Act 2009. The dispute centred on whether the proposed agreement adequately provided for the terms and conditions of employment for employees of CSBP Limited. The Commission was required to determine whether the agreement contained all the prescribed minimum terms and conditions, and whether it complied with the procedural requirements of the Fair Work Act.

The Commission noted that the proposed agreement contained all the prescribed minimum terms and conditions, and that it had been negotiated in good faith. However, the respondent argued that the agreement failed to provide for a proper process for resolving disputes between employees and the employer. The Commission found that while the agreement did not provide for a formal dispute resolution process, it did contain provisions for informal dispute resolution, which were sufficient to meet the requirements of the Act. The Commission also found that the agreement had been appropriately negotiated and that it did not contain any terms that were contrary to the public interest.

Accordingly, the Commission approved the CSBP Limited Enterprise Agreement 2016, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the provision of information to employees about their rights and obligations under the agreement, and the establishment of a committee to monitor the operation of the agreement. The employer and the union were directed to work together to implement the modifications within a specified timeframe. The decision provides useful guidance for employers and unions on the requirements for negotiating and approving enterprise agreements under the Fair Work Act.

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