DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSF Industries Pty Ltd
(AG2016/2241)

CSF INDUSTRIES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of the CSF Industries Pty Ltd Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSF Industries Pty Ltd Enterprise Bargaining 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 CSF Industries Pty Ltd.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] Subject to the undertakings referred to above, 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.
[4] The Agreement was approved on 2 March 2016 and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by CSF Industries Pty Ltd for approval of the CSF Industries Pty Ltd Enterprise Bargaining Agreement 2016. This agreement sought to set out the terms and conditions of employment for employees within the company. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding the process by which it was negotiated and the fairness of its terms.

The central legal issues for the commission to determine were whether the agreement was genuinely negotiated and whether it complied with the requirements of the Fair Work Act. The negotiation process was scrutinised to ensure it was conducted in good faith and that the agreement reflected the contributions of both parties. Additionally, the commission assessed whether the terms of the agreement were fair and reasonable, taking into account the economic circumstances of the company and the needs of the employees.

The Fair Work Commission found that the negotiation process was conducted appropriately and that the agreement reflected genuine bargaining between the parties. The commission determined that the terms of the agreement were fair and reasonable, considering the economic context and the interests of the employees. Consequently, the commission approved the agreement, finding it to be in compliance with the requirements of the Fair Work Act.

As a result of the commission's decision, the CSF Industries Pty Ltd Enterprise Bargaining Agreement 2016 was approved and registered under the Fair Work Act 2009. This approval ensures that the terms and conditions outlined in the agreement are legally enforceable, providing a framework for the employment relationship between the company and its employees.

CSF Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established