DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CSR Martini Pty Limited
(AG2016/7202)

CSR MARTINI VILLAWOOD SITE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 6 DECEMBER 2016

Application for approval of the CSR Martini Villawood Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CSR Martini Villawood Site Enterprise Agreement 2016 (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 Applicant 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 6 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CSR Martini Pty Limited sought approval for the CSR Martini Villawood Site Enterprise Agreement 2016. The application was made under section 234 of the Fair Work Act 2009, and the dispute arose from negotiations between the company and the Australian Manufacturing Workers' Union, which represented the employees. The central issue was whether the agreement met the criteria for approval, including whether it provided for the fair and efficient operation of the enterprise and was free from any undue coercive influence.

The Fair Work Commission considered whether the agreement contained all the mandated terms and conditions, and whether it complied with the procedural fairness and good faith bargaining requirements. The commission also assessed the fairness of the agreement in terms of the benefits, rights, and obligations it imposed on the parties. The company argued that the agreement was fair and represented a genuine attempt to negotiate in good faith, while the union contended that the agreement did not adequately protect employee rights and was the product of coercive bargaining practices.

After reviewing the evidence and submissions, the commission found that the agreement substantially met the statutory requirements. It was determined that the agreement provided for the efficient operation of the enterprise and was not the result of any undue coercion. The commission was satisfied that the company had engaged in genuine negotiations and that the agreement reflected the outcomes of those negotiations. Consequently, the commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The final orders included the registration of the CSR Martini Villawood Site Enterprise Agreement 2016 and the directive that it be treated as an enterprise agreement under the Fair Work Act. The agreement was to be in effect from the date of registration and would govern the employment terms and conditions of the employees covered by the agreement until it was terminated or replaced by a new agreement.

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