Csf Proteins Pty Ltd

[2025] FWCA 172

[2025] FWCA 172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Csf Proteins Pty Ltd

(AG2024/5159)

CSF PROTEINS PTY. LTD. – MAINTENANCE EMPLOYEES – ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 16 JANUARY 2025

Application for approval of the CSF Proteins Pty. Ltd. – Maintenance Employees – Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the CSF Proteins Pty. Ltd. – Maintenance Employees – Enterprise Agreement 2024 (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. The Agreement is a single enterprise agreement.

1. 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.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 organisation.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 9.2

·           Clause 10.7.5(a) – Caring Responsibilities

·           Clause 27.8.2

·           Clause 27.9.2 – Evidence Supporting Claim

·           Clause 27.10.1 - Notice

·           Clause 27.10.2 – Evidence Supporting Claim

·           Clause 28 – Compassionate Leave

·           Clause 29.3

·           Clause 31.2 – Jury Service Leave

·           Clause 36.2.1

·           Clause 37.1.5

·           Clause 37.2.2

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2025. The nominal expiry date of the Agreement is 8 August 2027.

DEPUTY PRESIDENT

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