DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

CSF Industries Pty Ltd
(AG2017/1196)

CSF INDUSTRIES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 8 MAY 2017

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

[1] An application has been made for variation of the CSF Industries Pty Ltd Enterprise Bargaining Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by CSF Industries Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Melvin Yelaska, Director of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 8 May 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSF Industries Pty Ltd recently appeared before the Fair Work Commission in an application to vary the Enterprise Bargaining Agreement (EBA) 2016. The applicant, CSF Industries Pty Ltd, sought to amend the existing agreement in light of changed circumstances, primarily to address operational challenges and financial pressures impacting the company. The application was opposed by the relevant union, which argued that the proposed changes would adversely affect the employees' conditions of employment.

The legal issues before the Commission centred on whether the proposed variations were justifiable under the existing EBA and the applicable industrial legislation. Specifically, the Commission needed to determine if the changes proposed by CSF Industries Pty Ltd were necessary and reasonable in the context of the current economic climate, and whether they were consistent with the principles of good faith bargaining. The union contended that the proposed changes would lead to a reduction in employee entitlements and would not be in the spirit of the original agreement.

After considering the submissions from both parties, the Commission found that the economic pressures faced by CSF Industries Pty Ltd were significant and warranted adjustments to the EBA. The Commission emphasised the importance of maintaining a viable business while also recognising the need to protect employee interests. It concluded that the proposed changes, while impacting some aspects of the employees' conditions, were necessary and reasonable in the circumstances. The Commission thus allowed the application for variation of the EBA, with specific conditions to mitigate the impact on 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