CSL Limited T/A CSL Limited

[2024] FWCA 1699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSL Limited T/A CSL Limited

(AG2024/1333)

CSL MET AGREEMENT 2023

Pharmaceutical industry
COMMISSIONER YILMAZ	MELBOURNE, 8 MAY 2024

Application for approval of the CSL MET Agreement 2023

An application has been made for approval of an enterprise agreement known as the CSL MET Agreement 2023 (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 Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

In their Form F18, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) noted two errors in the Employer’s Declaration (Form F17A). The CEPU states it does not oppose approval nor does it assert either of the issues need to be dealt with. I am satisfied that the issues raised do not affect approval of the agreement.

I observe that Part 6: Clause 4.2 and Part 6: Clause 5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting Part 1: Clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The CEPU and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), both 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 15 May 2024. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSL Limited applied to the Fair Work Commission for approval of the CSL MET Agreement 2023. The dispute involved the terms and conditions of employment for employees under the Metal and Engineering Industries Agreement 2020. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia.

The primary legal issue the Commission had to address was whether the proposed agreement met the requirements under the Fair Work Act 2009. This included assessing if the agreement was "better off overall" for the employees, if it was made in good faith, and whether it complied with the provisions for procedural fairness and freedom of association. The Commission also needed to ensure that the agreement did not unfairly discriminate against any group of employees.

After examining the terms of the proposed agreement, the Commission found that it met the statutory criteria. The agreement provided employees with improved conditions, including higher wages and better working conditions, which were considered to be better overall for the employees. The Commission was satisfied that the agreement was made in good faith, complied with procedural fairness, and did not unfairly discriminate against any employee group. As a result, the Fair Work Commission approved the CSL MET Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established