Csf Proteins Pty Ltd

[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

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.

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 “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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved CSF Proteins Pty Ltd, with the application for the approval of the CSF Proteins Pty. Ltd. – Maintenance Employees – Enterprise Agreement 2024. The applicant, CSF Proteins Pty Ltd, sought the court's approval of the enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the maintenance employees at the company, and whether the proposed agreement complied with the requirements of the Act. The court was required to determine whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was properly certified by the Fair Work Commission.

The legal issues before the court included whether the enterprise agreement contained terms that were fair and reasonable, whether the agreement was properly certified by the Fair Work Commission, and whether the agreement complied with the provisions of the Fair Work Act 2009. The court considered the evidence and submissions from both parties, as well as the relevant legislation and case law. The applicant argued that the agreement was fair and reasonable, and that it complied with the requirements of the Act. The respondent, on the other hand, raised concerns about certain provisions of the agreement, and argued that it did not meet the criteria for approval.

The court found that the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was properly certified by the Fair Work Commission. The court noted that the agreement contained provisions for a range of issues, including wages, hours of work, leave, and dispute resolution, and that these provisions were consistent with the principles of the Act. The court also found that the agreement did not contain any terms that were unfair or unreasonable, and that it complied with the requirements of the Act. The court approved the enterprise agreement, and ordered that it be registered with the Fair Work Commission.

The court's decision to approve the enterprise agreement provides clarity and certainty for both the applicant and the maintenance employees at CSF Proteins Pty Ltd. The agreement sets out the terms and conditions of employment for the employees, and provides a framework for resolving any disputes that may arise in the future. The approval of the agreement also demonstrates the commitment of both parties to resolving issues through negotiation and agreement, rather than through litigation. Overall, the court's decision provides a positive outcome for all parties involved, and ensures that the employees at CSF Proteins Pty Ltd are protected by fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established