Csr Martini Pty Limited Summary

[2022] FWCA 1364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Csr Martini Pty Limited

(AG2022/969)

CSR Martini East Victoria Park Enterprise Agreement 2021 -2024

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 APRIL 2022

Application for approval of the CSR Martini East Victoria Park Enterprise Agreement 2021 -2024

CSR Martini Pty Limited has made an application for the approval of an enterprise agreement known as the CSR Martini East Victoria Park Enterprise Agreement 2021-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s view regarding the undertaking proffered was sought. The bargaining representative was provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 20 April 2022 and, in accordance with s 54, will operate from 27 April 2022. The nominal expiry date of the Agreement is 1 February 2024

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 applied for approval of the CSR Martini East Victoria Park Enterprise Agreement 2021-2024. The applicant sought to ensure that the enterprise agreement met the necessary requirements under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, and in the best interests of the employees it covered. The dispute centred on the procedural fairness of the agreement and whether it complied with the relevant provisions of the Fair Work Act.

The legal issues that the Commission was required to decide included whether the agreement was made in accordance with the procedural requirements of the Fair Work Act, and whether it complied with the provisions of the Act that seek to ensure that enterprise agreements are fair and reasonable. The Commission needed to consider whether the agreement was made without any coercion, and whether it provided for the proper representation of employees' interests. The Commission also had to consider whether the agreement met the requirements of the "better off overall test" and whether it provided for the fair and reasonable terms and conditions of employment.

The Commission found that the agreement was made in accordance with the procedural requirements of the Fair Work Act and that it complied with the relevant provisions of the Act. The Commission found that the agreement was made without any coercion and that it provided for the proper representation of employees' interests. The Commission also found that the agreement met the requirements of the "better off overall test" and that it provided for the fair and reasonable terms and conditions of employment. The Commission approved the enterprise agreement, finding that it was fair and reasonable and in the best interests of the employees it covered.

The Commission's approval of the enterprise agreement was based on its finding that the agreement met the necessary requirements under the Fair Work Act. The Commission found that the agreement was made in accordance with the procedural requirements of the Act and that it complied with the provisions of the Act that seek to ensure that enterprise agreements are fair and reasonable. The Commission also found that the agreement met the requirements of the "better off overall test" and that it provided for the fair and reasonable terms and conditions of employment. The Commission's approval of the enterprise agreement was therefore based on its finding that the agreement was fair and reasonable and in the best interests of the employees it covered.

Csr Martini Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established