DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSL Limited T/A CSL Behring (Australia) Pty Ltd
(AG2018/5971)

CSL AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the CSL Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSL Agreement 2018 (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 T/A CSL Behring (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The CPSU, the Community and Public Sector Union; National Union of Workers and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 8 February 2019 and, in accordance with s.54, will operate from 15 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CSL Limited T/A CSL Behring (Australia) Pty Ltd was the subject of an application for approval of the CSL Agreement 2018, a proposed enterprise agreement. The dispute was heard by the Fair Work Commission, where the company sought approval for the agreement, which was intended to govern the terms and conditions of employment for certain employees. The nature of the dispute was primarily focused on the fairness and compliance of the proposed agreement with relevant industrial laws.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive provisions of the agreement. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for the proper negotiation of the terms and conditions of employment and whether it contained provisions that were in the best interests of the employees.

The Fair Work Commission examined the negotiation process and the content of the CSL Agreement 2018. It found that the agreement was the product of proper negotiations and that there were no procedural irregularities. The Commission further assessed the substantive fairness of the agreement, considering the impact on employees' wages, conditions, and other entitlements. After thorough analysis, the Commission concluded that the agreement was fair and met the necessary criteria for approval under the Fair Work Act. Consequently, the Commission approved the CSL Agreement 2018, allowing it to come into effect as a binding enterprise agreement.

The Commission's decision was based on a comprehensive review of the negotiation process and the terms of the agreement, ensuring that it complied with all legal requirements. The final orders included the approval of the CSL Agreement 2018, which would govern the employment conditions for the specified employees.

CSL Limited T/A CSL Behring (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established