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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSF Proteins Pty Ltd was the subject of an application for the approval of the CSF Proteins Limited - Production Employees - Enterprise Agreement - 2020. The applicants were the employer, CSF Proteins, and the relevant union, the Manufacturing and Associated Workers Union. The application was made to the Fair Work Commission, which had the jurisdiction to approve the enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act, including compliance with the "better off overall test" and other statutory conditions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it met the criteria for being a "single, integrated and coherent" agreement. The Commission had to consider the evidence and submissions from both parties, and assess the fairness and reasonableness of the agreement, taking into account the overall benefits and detriments for the employees. The Commission also had to determine whether the agreement complied with the statutory requirements, including the "no disadvantage test" and the "good faith" requirement.

The Commission found that the agreement met the "better off overall test" and was fair and reasonable for the employees. The Commission noted that the agreement provided for a range of benefits, including increased wages and improved working conditions, which outweighed any potential detriments. The Commission also found that the agreement was a "single, integrated and coherent" agreement, and that it complied with the statutory requirements, including the "no disadvantage test" and the "good faith" requirement. The Commission approved the agreement, subject to certain modifications to address minor technical issues.

The final orders of the Commission were that the CSF Proteins Limited - Production Employees - Enterprise Agreement - 2020 be approved, with certain modifications to the agreement. The modifications related to the calculation of overtime rates, the definition of "rostered day off", and the procedure for resolving disputes. The employer and the union were directed to take all necessary steps to give effect to the approved agreement, and to provide a copy of the agreement to the Fair Work Ombudsman.

CSF Proteins Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established