CSF Proteins Pty Ltd

[2020] FWCA 2196

[2020] FWCA 2196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSF Proteins Pty Ltd
(AG2020/964)

CSF PROTEINS LIMITED - PRODUCTION EMPLOYEES - ENTERPRISE AGREEMENT - 2020

Meat Industry
COMMISSIONER CIRKOVIC	MELBOURNE, 28 APRIL 2020

Application for approval of the CSF Proteins Limited - Production Employees - Enterprise Agreement - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CSF Proteins Limited - Production Employees - Enterprise Agreement – 2020 (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.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Meat Industry Employees Union, 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 18.6;

•  Clause 24.1.3; and

•  Clause 34.6.

[5] However, noting clause 6.3 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I note that clause 3 of the Agreement states that the date of commencement shall be from the first full pay period commencing on or after the date seven days from the date of approval which differs from the requirements of s.54(1) of the Act.

[7] The Agreement was approved on 28 April 2020 and, in accordance with s.54, will operate from 7 days from the date of approval of the Agreement, being 5 May 2020. The nominal expiry date of the Agreement is 24 March 2023.

COMMISSIONER

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