DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSL Limited T/A CSL Limited and CSL Behring (Australia) Pty Ltd
(AG2015/7454)

CSL LIMITED CSL AGREEMENT 2015

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2015

Application for approval of the CSL Limited CSL Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CSL Limited CSL Agreement 2015 (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 and CSL Behring (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Manufacturing Workers Union, National Union of Workers and Community and Public Sector Union 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CSL Limited T/A CSL Limited and CSL Behring (Australia) Pty Ltd applied for the Fair Work Commission's approval of the CSL Agreement 2015, which sought to establish a new enterprise agreement for the employees of CSL Limited, covering various aspects such as wages, conditions of employment, and dispute resolution mechanisms. The application was made under the Fair Work Act 2009, which provides a process for the approval of new enterprise agreements that meet certain criteria, including the requirement for genuine agreement and the absence of protected action.

The legal issues before the Fair Work Commission involved whether the CSL Agreement 2015 was genuinely agreed upon by the employees and whether it met the statutory requirements for approval. This included verifying if the agreement had been negotiated in good faith, if the process of consultation was adequate, and if the agreement contained provisions that were fair and reasonable. Additionally, the Commission had to ensure that the agreement did not permit or authorise protected action, which is action that would be protected under the Act if it occurred.

The Fair Work Commission found that the CSL Agreement 2015 was genuinely agreed upon by the employees. The Commission considered evidence of the negotiation process and concluded that it had been conducted in good faith and with adequate consultation. The Commission also found that the agreement contained fair and reasonable terms, and that it did not permit or authorise protected action. Consequently, the Commission approved the CSL Agreement 2015 as an enterprise agreement under the Act.

The Fair Work Commission approved the CSL Agreement 2015 as an enterprise agreement. This decision allows the agreement to come into effect and bind both the employer and the employees, providing a framework for their employment terms and conditions for the specified period. The approval ensures that the agreement operates as a lawful and enforceable contract between the parties, subject to the provisions of the Fair Work Act 2009 and the approved agreement itself.

CSL Limited T/A CSL Limited and 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