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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSL Australia Pty Ltd, represented by the employer, and the Maritime Union of Australia Donnacona Branch, represented by the union, applied to the Fair Work Commission (FWC) for approval of their enterprise agreement. The agreement covered CSL Australia's employees within the Donnacona Branch's industrial scope. The union sought to have the agreement approved under section 234 of the Fair Work Act 2009, asserting that it met the criteria for registration. The employer supported the application, emphasising the agreement's benefits in maintaining fair and efficient workplace practices.

The legal issues before the FWC centred on whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the FWC needed to determine if the agreement satisfied the good faith bargaining criteria, was in writing, and did not unfairly discriminate against employees. Additionally, the FWC had to consider whether the agreement covered all employees within the scope of the union's industrial mandate and if it contained all necessary terms and conditions of employment. The union argued that the agreement was the product of genuine negotiations and adequately addressed the needs of the workforce. The employer, on the other hand, focused on the comprehensive nature of the agreement and its alignment with the legislative framework.

The FWC thoroughly examined the evidence and submissions from both parties. It found that the agreement was the result of genuine negotiations between the employer and the union, as evidenced by the detailed records and testimonies presented. The FWC also determined that the agreement met all statutory requirements, including covering all relevant employees and containing necessary terms and conditions. The FWC concluded that the agreement did not unfairly discriminate against any employees and was beneficial in promoting harmonious industrial relations. Therefore, the FWC approved the CSL Australia and Maritime Union of Australia Donnacona Enterprise Agreement 2019, certifying it under section 234 of the Fair Work Act.

In its decision, the FWC ordered the registration of the enterprise agreement, effective from the date of approval. The agreement was to govern the employment terms and conditions of all employees within the scope of the union's industrial mandate, as defined in the application. The FWC also noted that any disputes arising from the interpretation or application of the agreement could be referred to it for resolution. This decision ensures that the enterprise agreement is legally binding and provides a stable framework for industrial relations between CSL Australia and its employees.

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