Csl Limited Trading AS Seqirus Pty Ltd

[2025] FWCA 1490

[2025] FWCA 1490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Csl Limited Trading AS Seqirus Pty Ltd

(AG2025/1201)

CSL SEQIRUS ENTERPRISE AGREEMENT 2024

Pharmaceutical industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 5 MAY 2025

Application for approval of the CSL Seqirus Enterprise Agreement 2024

Introduction

1. CSL Limited trading as Seqirus Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the CSL Seqirus Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Agreement will apply to employees who are covered by either the Manufacturing and Associated Industries and Occupations Award 2020, Clerks – Private Sector Award 2020, Pharmaceutical Industry Award 2020, Professional Employees Award 2020 or Pastoral Award 2020.

National Employment Standards (NES) precedence term in Clause 1.6 of the Agreement

1. The Commission raised the following issues with the Employer which may be inconsistent with the NES:

1. Clause 6.10.16.2 of the Agreement provides that where an employee requests to return from parental leave on a part-time basis, such a request must be made no less than seven weeks prior to the date upon which the employee is due to return to work. This is inconsistent with s.65 of the Act which does not provide for such a timeframe when making requests.

2. Clause 6.10.3 of the Agreement provides that parents are entitled to a combined total of 52 weeks unpaid Parental Leave on a shared basis rather than 52 weeks per parent which is the entitlement under the NES. Further, it suggested that concurrent leave must be taken at the time of the child's birth or in the case of adoption at the time of placement of the child. This is inconsistent with s.70 of the Act which does not contains such restrictions on the taking of concurrent leave.

3. Clause 6.4.11 of the Agreement provides that an employee is entitled to take unpaid carer’s leave only if the employee cannot take any other authorised leave of the same type as personal/carer's leave. This is inconsistent with s.103(3) of the Act.

   4. Clause 6.11 of the Agreement provides that notice of the taking of jury service leave must be given immediately. This is inconsistent with s.110(2) of the Act.

5. Clause 6.8.8 of the Agreement provides that the parties to the Agreement can by agreement for any workplace, substitute a nominated public holiday to another day. This appears to be inconsistent with s.115(3) of the Act.

6. Clause 10.1.3 of the Agreement states that notice of termination does not apply in the case of abandonment of employment. This appears to be inconsistent with ss.117-123 of the Act.

7. Clause 10.2.2(d) of the Agreement provides that where there is a transfer of business and an employee of the Employer is offered employment by the Successor to the Employer’s business before or at the time of transfer, the employee is not entitled to redundancy pay. This appears to have the effect of excluding the entitlement otherwise provided at s.122(3) of the Act. Further, it does not specify that the Employer must recognise the employee’s service in accordance with s.122(2) of the Act.

1. I note that in accordance with the NES precedence term in Clause 1.6 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

Section 186, 187 and 188

1. 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.

Section 183 Bargaining Representatives

1. The Community and Public Sector Union (CPSU), United Workers Union (UWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them.

1. In accordance with s.201(2), I note that the Agreement covers the CPSU, UWU, AMWU and CEPU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2025. The nominal expiry date of the Agreement is 31 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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