CSF Proteins Pty Ltd Summary

[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

Annexure A

CaseChat Overview and Summary

The application was brought by CSF Proteins Pty Ltd seeking the approval of a new enterprise agreement for its production employees. The applicant argued that the proposed agreement, which was the subject of a majority vote by the employees, met the legal criteria for approval under the Fair Work Act 2009. The Federal Circuit and Family Court of Australia was tasked with reviewing the application.

The primary legal issues before the court were whether the proposed agreement was a "simple" enterprise agreement, whether it was made in good faith, and whether it contained the necessary minimum terms and conditions as required by the Fair Work Act. The court also needed to determine if the agreement was free from any unfair content, particularly in light of the employees' concerns about certain provisions.

The court, after reviewing the documentation and hearing submissions from both parties, found that the proposed agreement was indeed a simple enterprise agreement. It concluded that the agreement was made in good faith, contained the necessary minimum terms and conditions, and did not include any unfair content. The court considered the employees' concerns but found that the provisions in question were fair and met the requirements of the Act. Consequently, the court approved the agreement, allowing it to come into effect.

The final orders of the court were that the CSF Proteins Limited - Production Employees - Enterprise Agreement - 2022 be approved and registered, effective from the date of the order. The agreement was to be binding on the parties from the date of registration. The court also noted that any disputes arising from the interpretation or application of the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

CSF Proteins Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established