Application by CSL Australia Pty Ltd
Citation: [2026] FWCA 1734
What happened
CSL Australia Pty Ltd sought approval for an enterprise agreement, the CSL Australia and MUA WA BCI Operations Enterprise Agreement 2026, covering employees and the Maritime Union of Australia Division. The Fair Work Commission considered whether the agreement met the requirements of the Fair Work Act 2009. Several clauses were identified as potentially inconsistent with the National Employment Standards (NES). The union representing the employees notified their desire to be covered by the agreement.
What was decided
The Fair Work Commission approved the enterprise agreement. While some clauses appeared inconsistent with the NES, the Commission noted a clause stating that the more beneficial entitlements of the NES would prevail where there was an inconsistency. The agreement will operate from 10 July 2026 and expire on 10 July 2030. The Maritime Union of Australia Division is covered by the agreement.
What it means for employers
Employers should ensure enterprise agreements align with the National Employment Standards, or include a clause ensuring NES entitlements are always more beneficial to employees. Careful review of all clauses is necessary before seeking approval for an enterprise agreement.
What it means for employees
Employees covered by this agreement benefit from its terms but also have the assurance that the National Employment Standards will provide more favourable conditions where conflicts arise. It's important to understand how the agreement interacts with NES entitlements.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →