CSL Australia Pty Ltd

[2019] FWCA 8239

[2019] FWCA 8239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSL Australia Pty Ltd
(AG2019/4428)

CSL AUSTRALIA AND MARITIME UNION OF AUSTRALIA DONNACONA ENTERPRISE AGREEMENT 2019.

Maritime industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 DECEMBER 2019

Application for approval of the CSL Australia and Maritime Union of Australia Donnacona Enterprise Agreement 2019.

[1] CSL Australia Pty Ltd has applied for approval of a single enterprise agreement known as the CSL Australia and Maritime Union of Australia Donnacona Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the nominal expiry date of the Agreement and whether it contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative supported the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] Noting clause 1.9.1 of the Agreement, I am also satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[6] The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 4 December 2019 and, in accordance with s.54, will operate from 11 December 2019. The nominal expiry date of the Agreement is 4 December 2023.

DEPUTY PRESIDENT

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Annexure A