CSL Australia Pty Ltd T/A CSL Australia Pty Ltd
[2023] FWCA 1408
•18 MAY 2023
| [2023] FWCA 1408 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
CSL Australia Pty Ltd T/A CSL Australia Pty Ltd
(AG2023/1035)
CSL AUSTRALIA AND MARITIME UNION OF AUSTRALIA DONNACONA ENTERPRISE AGREEMENT 2019
| Maritime industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 18 MAY 2023 |
Application for variation of the CSL Australia and Maritime Union of Australia Western Australia Transhipment Operations Enterprise Agreement 2019
An application has been made for approval of a variation to the CSL Australia and the Maritime Union of Australia Donnacona Enterprise Agreement 2019 (the Agreement). The application was made by CSL Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
I note that Employees of the Agreement were provided a copy of the proposed variations and an explanation of those together with advice that the Agreement would be voted on. I am satisfied that they had 7 days to consider the material however employees were not provided with a full 7 days notice as to how and when that vote would be conducted. Instead they were advised that the vote would be occurring the day before it occurred. In considering whether it is appropriate to exercise my discretion pursuant to s.186(2), I note the Applicant’s submissions that of the 14 employees eligible to vote 12 did so. I also note that the Maritime Union support the application. I am therefore satisfied to exercise my discretion under s,186(2) that the error constitutes a minor procedural error that did not cause any disadvantage to the employees covered by the agreement given the high participation in voting.
I observe that the following provision of the varied agreement is likely to be inconsistent with the National Employment Standards (NES), Clause 2.11.3(b) – Abandonment of Employment. However, noting clause 1.9.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.
A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title CSL Australia and the Maritime Union of Australia – Donnacona Enterprise Agreement 2019 with the following:
CSL Australia and the Maritime Union of Australia – Western Australia Transhipment Operations Enterprise Agreement 2019
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 18 May 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE506354 PR761947>
Annexure A
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