DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Martini Pty Limited
(AG2021/4305)

CSR MARTINI VILLAWOOD SITE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 APRIL 2021

Application for approval of the CSR Martini Villawood Site Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CSR Martini Villawood Site Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSR Martini Pty Limited. 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. The undertakings are taken to be a term of 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 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 23 April 2021. The nominal expiry date of the Agreement is 15 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CSR Martini Pty Limited applied for the approval of the CSR Martini Villawood Site Enterprise Agreement 2021. The applicant argued that the agreement was suitable for the purposes of the Fair Work Act 2009, as it met the requirements for a single-employer, single-site agreement. The dispute centred on whether the agreement adequately represented the interests of the employees, and whether it contained provisions that were unfair or contrary to public policy.

The Commission was required to consider whether the agreement complied with the relevant statutory provisions and if it contained any terms that were contrary to public policy. Specifically, the Commission had to assess whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it contained any provisions that were in breach of any statutory obligations. The applicant argued that the agreement was fair and met all legislative requirements.

The Commission found that the agreement was compliant with the relevant provisions of the Fair Work Act 2009, and did not contain any terms that were contrary to public policy. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, and that it contained appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement met all legislative requirements and was suitable for approval.

Accordingly, the Commission approved the CSR Martini Villawood Site Enterprise Agreement 2021. The applicant was directed to take all necessary steps to give effect to the approved agreement, and to provide a copy of the approved agreement to the Fair Work Ombudsman. The applicant was also directed to notify all affected employees of the approval of the agreement within a specified period.

CSR Martini Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established