DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSL Australia Pty Ltd
(AG2020/597)

CSL AUSTRALIA PTY LTD AND MARITIME UNION OF AUSTRALIA (MUA) A DIVISION OF THE CONSTRUCTION FORESTRY MARITIME MINING AND ENERGY UNION SHIPS CRANE OPERATIONS AGREEMENT 2019

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2020

Application for approval of the CSL Australia Pty Ltd and Maritime Union of Australia (MUA) A Division of the Construction Forestry Maritime Mining and Energy Union Ships Crane Operations Agreement 2019

[1] CSL Australia Pty Ltd has made an application for approval of an enterprise agreement known as the CSL Australia Pty Ltd and Maritime Union of Australia (MUA) A Division of the Construction Forestry Maritime Mining and Energy Union Ships Crane Operations Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 March 2020 and, in accordance with s 54, will operate from 1 April 2020. The nominal expiry date of the Agreement is 20 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSL Australia Pty Ltd and Maritime Union of Australia (MUA) A Division of the Construction Forestry Maritime Mining and Energy Union applied to the Fair Work Commission for approval of a new enterprise agreement, the Ships Crane Operations Agreement 2019. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and if it provided for a fair and reasonable outcome for employees. The Fair Work Commission was the body tasked with evaluating the application.

The central legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act, including provisions for minimum entitlements and the protection of employee rights. The Commission also had to assess whether the agreement was fairly negotiated and if it offered a reasonable outcome for both parties. The application of the ‘better-off-overall test’ was a critical component of the evaluation, ensuring that employees were not disadvantaged by the terms of the new agreement.

In its decision, the Commission found that the agreement complied with the Fair Work Act and provided for a fair and reasonable outcome. The Commission was satisfied that the agreement was fairly negotiated and met the better-off-overall test. The Commission approved the agreement, emphasising the importance of balancing the needs of both employers and employees.

The Commission issued orders approving the Ships Crane Operations Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the specified employees until its expiry or until replaced by a new agreement.

CSL Australia 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