CSL Limited

[2022] FWCA 3487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSL Limited

(AG2022/4110)

CSL Agreement 2022

Pharmaceutical industry
DEPUTY PRESIDENT DEAN	CANBERRA, 10 OCTOBER 2022

Application for approval of the CSL Agreement 2022.

An application has been made for approval of an enterprise agreement known as the CSL Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSL Limited. The Agreement is a single enterprise agreement.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), CPSU, the Community and Public Sector Union and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSL Limited was the applicant before the Fair Work Commission, seeking approval for the CSL Agreement 2022. The agreement aimed to govern the employment terms of its workers and was a significant step in addressing the conditions of employment within the company. The dispute centred on the procedural fairness of the agreement and whether it met the necessary standards for approval under the Fair Work Act 2009. The Commission was tasked with determining the fairness of the agreement, given the procedural steps taken by CSL Limited during its negotiation and submission.

The primary legal issue was whether the company had complied with procedural fairness requirements in negotiating and finalising the agreement. The Commission had to scrutinise the process CSL Limited undertook, including the consultation with employees and the consideration of their views. Additionally, the Commission needed to ensure that the agreement complied with substantive provisions of the Fair Work Act, including minimum entitlements and protections for employees. The court's decision hinged on whether these procedural and substantive requirements were adequately met.

The Fair Work Commission found that CSL Limited had generally adhered to the necessary procedural steps and that the agreement reflected a fair and reasonable outcome. The Commission noted the extensive consultation efforts undertaken by the company, which included multiple meetings and feedback sessions with employee representatives. Furthermore, the agreement was deemed to meet all substantive requirements, providing fair terms and protections for employees. Consequently, the Commission approved the CSL Agreement 2022, recognising its compliance with both procedural and substantive fairness standards. This decision affirmed the agreement as a legitimate and effective framework for the employment terms within CSL Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established