CSF Proteins Pty Ltd
[2022] FWCA 733
•2 MARCH 2022
| [2022] FWCA 733 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CSF Proteins Pty Ltd
(AG2022/107)
CSF Proteins Limited - Production Employees - Enterprise Agreement - 2022
| Meat Industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 2 MARCH 2022 |
Application for approval of the CSF Proteins Limited - Production Employees - Enterprise Agreement - 2022
CSF Proteins Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the CSF Proteins Limited - Production Employees - Enterprise Agreement - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.
I observe that clause 35.6 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 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 Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 2 March 2022 and, in accordance with s 54, will operate from 9 March 2022. The nominal expiry date of the Agreement is 5 January 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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