CSF Proteins Pty Ltd

[2025] FWCA 478

[2025] FWCA 478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CSF Proteins Pty Ltd

(AG2025/224)

CSF PROTEINS LIMITED – PRODUCTION EMPLOYEES – ENTERPRISE AGREEMENT 2025

Meat Industry
COMMISSIONER REDFORD	MELBOURNE, 6 FEBRUARY 2025

Application for approval of the CSF Proteins Limited – Production Employees – Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the CSF Proteins Limited – Production Employees – Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSF Proteins Pty Ltd (CSF). The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with CSF in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement. 

1. The undertakings relate to:  

1. Dispute resolution

2. Part time employees – overtime entitlement

Interaction with the National Employment Standards

1. Clause 6.3 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied this agreement should be approved despite the apparent inconsistencies with the NES outlined below.   

1. Clause 18.6 of the Agreement deals with requests for flexible working arrangements but purports to limit eligibility to make such requests to employees who are a parent, or have responsibility for the care of a child, or who is receiving treatment for illness or injury. An broader eligibility to make a request for flexible working arrangements exists pursuant to s 65(1A) of the Act. By way of the NES precedence clause, this expanded eligibility will apply to employees covered by this Agreement.

2. Despite not being provided for at clause 24.6 of the Agreement, to the extent necessary, the NES precedence clause will ensure that s 93(2) of the Act will apply, which requires that when cashing out annual leave, an employee must be paid at least the full amount had they taken the leave.

3. The NES precedence clause will ensure that in addition to the provisions of clauses 25.3.2, 25.7 and 25.10, carer’s leave may be taken by employees when a member of their immediate family or household is injured (in accordance with s 97(b)(i) of the Act).

4. Section 107(2)(a) of the Act provides that notice to take carers leave should be provided to an employer as soon as practicable (which may be a time after the leave has started). To the extent that clause 25.9.1 of the Agreement imposes a more onerous notification requirement, the NES precedence clause means the requirement set out in s 107(2)(a) will prevail.

5. Clause 26 of the Agreement provides for compassionate leave however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.

6. Clause 27.6 of the Agreement appears to provide that that the employer and a majority of affected employees may agree to substitute a public holiday for another day. This appears to be inconsistent with s 115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an employee, rather than a majority of employees however, when read in conjunction with the NES precedence clause will have no effect to the extent of any inconsistency.

7. While clause 35.6 of the Agreement deals with circumstances in which an employee may be said to have abandoned their employment, the effect of the NES precedence clause would be to ensure that employees in those circumstances would be entitled to notice of termination in accordance with s 117 of the Act.

Consideration

1. 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.

1. The Australian Meat Industry Employees Union (AMIEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMIEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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ANNEXURE A