CSL Limited T/A Seqirus Pty Ltd

[2018] FWCA 6787

[2018] FWCA 6787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

CSL Limited T/A Seqirus Pty Ltd
(AG2018/4843)

BIOCSL ENTERPRISE AGREEMENT 2015
(ODN AG2015/4458)  [AE415799]

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 NOVEMBER 2018

Application for termination of the bioCSL Enterprise Agreement 2015.

[1] CSL Limited T/A Seqirus Pty Ltd (Applicant) has applied, pursuant to s.225 of the Fair Work Act 2009 (Act) to terminate the bioCSL Enterprise Agreement 2015 (Agreement). The Agreement is expressed to cover the Applicant, the Community and Public Sector Union (CPSU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Union of Workers (NUW), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (collectively “the Unions”) and its employees defined in clause 1 of the Agreement. The Agreement has passed its nominal expiry date.

[2] Section 225 of the Act provides:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[3] Section 226 of the Act provides:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[4] In correspondence to my Chambers of 7 September 2018, 11 September 2018 and 19 September 2018, the Unions advised that they do not oppose the application. There are employees employed by the Applicant covered by the Agreement.

[5] Based on the material contained in the employer’s declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest. Taking into account all of the circumstances including those in s.226(b)(i) and (ii), I consider that it is appropriate to terminate the Agreement. There is nothing before me which raises public interest considerations which might militate against termination of the Agreement. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

[6] The termination will operate from 9 November 2018.

[7] An order giving effect to this decision is separately issued in PR702017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE415799 PR702016>