DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSF Proteins Pty. Ltd.
(AG2018/4649)

CSF PROTEINS PTY. LTD. - MAINTENANCE EMPLOYEES - ENTERPRISE AGREEMENT 2018

Meat Industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 DECEMBER 2018

Application for approval of the CSF Proteins Pty. Ltd. - Maintenance Employees - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSF Proteins Pty. Ltd. - Maintenance Employees - Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.3 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 14 December 2018 and, in accordance with s.54, will operate from 21 December 2018. The nominal expiry date of the Agreement is 8 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CSF Proteins Pty. Ltd. applied for approval of the Maintenance Employees Enterprise Agreement 2018. The application was made by the employer, CSF Proteins Pty. Ltd., and the agreement was to be applied to its maintenance employees. The application was heard by the Commission, which was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for the proper registration of the enterprise agreement with the Fair Work Commission. The Commission had to consider whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission also needed to determine if the agreement had been made in accordance with the relevant provisions of the Act and whether it met the minimum standards prescribed by the Act.

In reaching its decision, the Commission examined the evidence provided by the parties and considered the relevant legal principles. The Commission found that the agreement had been properly made and that it complied with the procedural and substantive requirements of the Fair Work Act. The Commission also found that the agreement met the minimum standards prescribed by the Act. The Commission approved the agreement, finding that it was a genuine enterprise agreement within the meaning of the Act.

The Fair Work Commission approved the Maintenance Employees Enterprise Agreement 2018, finding that it met the legal requirements for approval under the Fair Work Act. The Commission found that the agreement had been properly made, complied with the procedural and substantive requirements of the Act, and met the minimum standards prescribed by the Act. The approval of the agreement will provide certainty and stability for the parties and their employees.

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