CSL Australia Pty Ltd

[2024] FWCA 436

[2024] FWCA 436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSL Australia Pty Ltd

(AG2024/49)

CSL AUSTRALIA PTY LTD MV GOLIATH OFFICERS AND ENGINEERS ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER ALLISON	MELBOURNE, 6 FEBRUARY 2024

Application for approval of the CSL Australia Pty Ltd MV Goliath Officers and Engineers Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the CSL Australia Pty Ltd MV Goliath Officers and Engineers Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSL Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. On 23 January 2024, my Chambers sent correspondence to the parties noting the following:

• The Australian Maritime Officers’ Union (AMOU) had not yet provided a completed Form F18 to the Commission. I sought a completed Form F18.

• Clause 14.5(b) of the Agreement appeared to exclude notice of termination in circumstances where an employee may have abandoned their employment. I sought an undertaking to resolve this issue.

• Clause 17.2 of the Agreement appeared to permit the employer to deduct an employee’s entitlements under the National Employment Standards (NES), such as accrued but unused annual leave or long service leave on termination. I noted this may be inconsistent with the Act and sought an undertaking to resolve this issue.

1. The Employer has provided written undertakings to address these issues. 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. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, 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.

1. I note that clause 17.2, relating to withholding of monies due to an employee when the employee provides notice of termination – even as amended by the attached undertaking – may be contrary to s.324 of the Act and therefore unenforceable.

1. The AMOU and the Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2024. The nominal expiry date of the Agreement is 6 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A