DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSF Proteins Pty. Ltd.
(AG2017/2027)

CSF PROTEINS LIMITED - PRODUCTION EMPLOYEES - ENTERPRISE AGREEMENT - 2017

Meat Industry
COMMISSIONER GREGORY	MELBOURNE, 28 JUNE 2017

Application for approval of the CSF Proteins Limited - Production Employees - Enterprise Agreement - 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSF Proteins Limited - Production Employees - Enterprise Agreement - 2017 (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.

[3] The Australasian 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSF Proteins Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement entered into with its employees. The agreement was designed to regulate the terms and conditions of employment for production employees at the company's facility. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to consider were whether the agreement was genuinely a bargain between the parties, whether it was in the best interests of the employees, and if it complied with the procedural requirements of the Fair Work Act. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any of the employees and that it met the relevant public interest considerations.

In determining the application, the Commission examined the bargaining process and found it to be genuine. The Commission assessed the terms and conditions of the agreement, concluding that they were in the best interests of the employees and did not contain any unfair provisions. The Commission also confirmed that the agreement was procedurally sound and compliant with the Fair Work Act. Furthermore, the Commission considered the public interest implications and found no grounds for non-approval.

Consequently, the Commission approved the enterprise agreement, subject to its registration with the Fair Work Registry. The agreement was to be registered and would then come into effect on a date specified by the Commission, ensuring that the terms and conditions of employment for the production employees at CSF Proteins Pty Ltd were legally binding and enforceable.

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