CSL Limited

[2021] FWCA 6616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSL Limited
(AG2021/8095)

SEQIRUS ENTERPRISE AGREEMENT 2021

Pharmaceutical industry
COMMISSIONER MCKINNON	MELBOURNE, 9 NOVEMBER 2021

Application for approval of the Seqirus Enterprise Agreement 2021.

[1] CSL Limited has applied for approval of a single enterprise agreement known as the Seqirus Enterprise Agreement 2021 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 16 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the CPSU, the Community and Public Sector Union and the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSL Limited was the applicant before the Fair Work Commission seeking approval of the Seqirus Enterprise Agreement 2021. The agreement was between CSL Limited and the Australian Manufacturing Workers’ Union. The dispute centred on the provisions of the Fair Work Act 2009, specifically those requiring the Commission to approve an enterprise agreement if it meets certain criteria, such as not prejudicing the resolution of an industrial dispute by compulsory arbitration.

The primary legal issues were whether the agreement provided for the compulsory resolution of all disputes and whether it contained a pay rise clause that complied with the provisions of the Act. The applicant argued that the agreement was fair and reasonable, providing for the compulsory resolution of all disputes and containing a pay rise clause that was consistent with the Act. The Union contended that certain provisions of the agreement were unfair and did not provide for the compulsory resolution of all disputes.

The Commission found that the agreement did provide for the compulsory resolution of all disputes and that the pay rise clause was consistent with the Act. It was satisfied that the agreement was fair and reasonable, taking into account the principles of the Act and the bargaining power of the parties. Accordingly, the Commission approved the agreement. No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established