CSL Limited T/A Seqirus Pty Ltd

[2018] FWCA 6785

[2018] FWCA 6785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSL Limited T/A Seqirus Pty Ltd
(AG2018/3051)

SEQIRUS ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2018

Application for approval of the Seqirus Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Seqirus Enterprise 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 Seqirus 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 Agreement lodged contained an error at clause 4.1.4. On 24 October 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 6.1.1 – Annual leave;

•  Clause 6.1.3 – Additional leave for shiftworkers; and

•  Clause 6.4.3 – Accrual of Personal leave.

However, noting clause 1.6 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.

[6] The Community and Public Sector Union (CPSU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Union of Workers (NUW) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreements to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement was approved on 2 November 2018 and, in accordance with s.54, will operate from 9 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A