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

[2024] FWCA 403

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

(AG2023/5528)

CSL AUSTRALIA FOTB ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER PLATT	ADELAIDE, 30 JANUARY 2024

Application for approval of the CSL Australia FOTB Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the CSL Australia FOTB Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by CSL Australia Pty Ltd T/A CSL Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 18 January 2024.

On 22 January 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

In respect of the Notice of Employee Representational Rights (NERR) deficiency, it appears the Agreement name on the NERR referred to the year 2023, rather than 2024. I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

The Applicant has submitted an undertaking in the required form dated 22 January 2024. The undertaking deals with the following topics:

· Despite Clause 1.5, the definition of the Agreement is ‘CSL Australia FOTB Enterprise Agreement 2024.’
· Despite the respective clauses, the undertaking resolves inconsistencies with the NES requirement concerning Abandonment of Employment, Redundancy, Notice of Termination, Deduction from Entitlements on Termination, Personal/Carer’s Leave Notice and Parental Leave.
· The Agreement will be read in conjunction with the Seagoing Industry Award 2020.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

The Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CSL Australia Pty Ltd, trading as CSL Australia Pty Ltd, filed an application with the Fair Work Commission (FWC) for approval of the CSL Australia FOTB Enterprise Agreement 2024. The nature of the dispute was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The FWC was tasked with determining the application's validity.

The legal issues before the FWC included whether the agreement was made in good faith, whether it provided for a direct or indirect agreement, and if the agreement met the criteria for approval as outlined in the Act. The FWC had to consider whether the bargaining process was genuine, whether the terms of the agreement were fair, and whether the agreement would have a detrimental effect on the operations of the business. Additionally, the FWC had to ensure that the agreement complied with the applicable minimum standards under the National Employment Standards.

In reaching its decision, the FWC assessed the evidence presented by the parties and reviewed the contents of the proposed agreement. The FWC found that the agreement was made in good faith and that the bargaining process was genuine. The FWC determined that the terms of the agreement were fair and would not have a detrimental effect on the operations of the business. The FWC also found that the agreement complied with the applicable minimum standards under the National Employment Standards. Consequently, the FWC approved the CSL Australia FOTB Enterprise Agreement 2024.

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