CSL Australia Pty Ltd T/A CSL Australia Pty Ltd

[2021] FWCA 7125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSL Australia Pty Ltd T/A CSL Australia Pty Ltd
(AG2021/8588)

CSL AUSTRALIA - FOTB OFFICERS ENTERPRISE AGREEMENT 2021

Maritime industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 DECEMBER 2021

Application for approval of the CSL Australia - FOTB Officers Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the CSL Australia - FOTB Officers Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 December 2021. The nominal expiry date of the Agreement is 14 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CSL Australia Pty Ltd, trading as CSL Australia Pty Ltd, applied for the approval of the CSL Australia - FOTB Officers Enterprise Agreement 2021. The dispute arose between the employer and its employees represented by the Food, Beverage and Tobacco Workers Union. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it complied with the "better off overall test" and did not include any provisions that were contrary to public policy or not genuinely intended as an employment term.

The Fair Work Commission examined the agreement to determine if it provided employees with pay and conditions that were no less favourable than their previous entitlements or the relevant award. The Commission also assessed whether the agreement contained any terms that were outside the scope of permissible matters, such as terms that were inconsistent with the statutory minimum standards, terms that undermined public policy, or terms that were not genuinely intended as an employment term. In this instance, the Commission found that the agreement satisfied all legislative requirements and did not contravene any public policy or contain invalid terms. The agreement was approved as it met the better off overall test and was consistent with the Fair Work Act 2009.

The Commission made an order approving the CSL Australia - FOTB Officers Enterprise Agreement 2021. This decision was based on the evidence presented and the findings that the agreement was fair and met all statutory requirements for approval. The agreement will now apply to the relevant employees, setting their terms and conditions of employment until the next agreement is made or the current one expires.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established