DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSL Australia Pty Ltd
(AG2018/1198)

CSL AUSTRALIA PTY LTD AND MARITIME UNION OF AUSTRALIA GOLIATH ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the CSL Australia Pty Ltd and Maritime Union of Australia Goliath Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSL Australia Pty Ltd and Maritime Union of Australia Goliath Enterprise Agreement 2018 (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.

[2] The Applicant has provided written undertakings. 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.

[3] 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSL Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The Maritime Union of Australia opposed the application, raising concerns about various provisions of the agreement. The Commission was tasked with determining whether the agreement complied with the relevant statutory provisions and whether it met the criteria for approval.

The key legal issues before the Commission were whether the agreement contained all the prescribed terms, whether it complied with the good faith bargaining requirements, and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for a fair and efficient workplace, whether it met the minimum entitlements required by law, and whether the agreement was made without coercion or undue influence.

The Commission found that the agreement met all the prescribed terms and was made in good faith. The Commission determined that the agreement provided for a fair and efficient workplace and that it was in the best interests of the employees. The Commission approved the agreement, finding that it met the criteria for approval under the relevant legislation.

The Fair Work Commission approved the CSL Australia Pty Ltd and Maritime Union of Australia Goliath Enterprise Agreement 2018. The Commission found that the agreement met all the prescribed terms and was made in good faith. The agreement was approved as it provided for a fair and efficient workplace and was in the best interests of the 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