CSL Australia Pty Ltd T/A CSL Australia Pty Ltd Summary

[2022] FWCA 3536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CSL Australia Pty Ltd T/A CSL Australia Pty Ltd

(AG2022/3930)

CSL Australia – Western Australia Transhipment Operations Enterprise Agreement 2022

Maritime industry
COMMISSIONER HUNT	BRISBANE, 12 OCTOBER 2022

Application for approval of the CSL Australia – Western Australia Transhipment Operations Enterprise Agreement 2022.

CSL Australia Pty Ltd T/A CSL Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the CSL Australia – Western Australia Transhipment Operations Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Maritime Officers' Union (AMOU) and the Australian Institute of Marine and Power Engineers (AIMPE) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AMOU and AIMPE being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AMOU and AIMPE.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2022. The nominal expiry date of the Agreement is 12 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

CSL Australia Pty Ltd T/A CSL Australia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement was the CSL Australia – Western Australia Transhipment Operations Enterprise Agreement 2022, which covered employees involved in the transhipment operations at the Port of Fremantle. The legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it had been appropriately certified by the Australian Council of Trade Unions (ACTU).

The Commission examined the application to ensure that the agreement was a genuine enterprise agreement, free from prohibited content, and had been appropriately certified. The Commission considered the process by which the agreement was negotiated and the extent to which it had been supported by the employees. The Commission also considered whether the agreement provided for a fair and efficient workplace, and if it met the requirements for approval under the Act. The Commission found that the agreement had been appropriately certified and that it contained provisions that were fair and reasonable in all its terms.

In approving the agreement, the Fair Work Commission noted the importance of the transhipment operations to the local economy and the need for a stable and productive workplace. The Commission determined that the agreement provided for appropriate protections for employees, including provisions for wages, hours of work, and other conditions of employment. The Commission also found that the agreement did not contain any content that was prohibited by the Act and that it had been appropriately negotiated and certified. The Commission approved the CSL Australia – Western Australia Transhipment Operations Enterprise Agreement 2022, and it will now apply to the relevant employees.

CSL Australia Pty Ltd T/A CSL Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established