CSR Martini Pty Limited T/A CSR Martini

[2021] FWCA 6882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSR Martini Pty Limited T/A CSR Martini
(AG2021/8474)

CSR MARTINI PTY LTD SCORESBY ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 1 DECEMBER 2021

Application for approval of the CSR Martini Pty Ltd Scoresby Enterprise Agreement 2021

[1] CSR Martini Pty Limited has applied for approval of an enterprise agreement known as the CSR Martini Pty Ltd Scoresby Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] 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.

[3] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by CSR Martini Pty Ltd, trading as CSR Martini, to have the CSR Martini Pty Ltd Scoresby Enterprise Agreement 2021 approved. The applicant sought to have the agreement registered under the Fair Work Act 2009, and the application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions outlined in the proposed agreement and whether they complied with the statutory requirements and whether they were fairly negotiated.

The central legal issues the Commission had to address were whether the agreement had been fairly negotiated and whether it contained the requisite good faith provisions. Furthermore, the Commission had to determine whether the agreement met the specific requirements of section 232 of the Fair Work Act, including whether it provided for appropriate dispute resolution mechanisms and whether it contained the necessary minimum terms and conditions of employment. The Commission also had to consider the submissions and objections raised by the CFMEU, which included concerns about the fairness and adequacy of certain provisions within the agreement.

In delivering its decision, the Commission examined the evidence presented by both parties and considered the legal framework governing enterprise agreements. The Commission found that the agreement had been fairly negotiated and contained the necessary good faith provisions. The Commission also determined that the agreement met all the statutory requirements under section 232 of the Fair Work Act, including the inclusion of appropriate dispute resolution mechanisms and the provision of minimum terms and conditions of employment. After weighing the objections raised by the CFMEU, the Commission concluded that the agreement was in the best interests of the employees and approved the CSR Martini Pty Ltd Scoresby Enterprise Agreement 2021.

The final orders of the Commission were that the CSR Martini Pty Ltd Scoresby Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would apply to the employees covered by the agreement. The Commission also directed that the agreement be published in accordance with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established