Cape Preston Port Company Pty Ltd
[2025] FWCA 713
•24 FEBRUARY 2025
| [2025] FWCA 713 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Cape Preston Port Company Pty Ltd
(AG2025/211)
CPPC PORT OPERATIONS ENTERPRISE AGREEMENT 2025
| Mining industry | |
| COMMISSIONER LIM | PERTH, 24 FEBRUARY 2025 |
Application for approval of the CPPC Port Operations Enterprise Agreement 2025.
Cape Preston Port Company Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the CPPC Port Operations Enterprise Agreement 2025 (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.
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 and 188 of the Act as are relevant to this application for approval have been met.
I note that Schedule 2, Clause 4.3 states that the time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service. This may be inconsistent with s 22 of the Act as family and domestic violence is not an excluded period that does not count as service. However regardless of whether there is any inconsistency with the National Employment Standards (NES), I am satisfied that under Clause 3(b) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry and Maritime Employees Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 24 February 2025 and, in accordance with s 54, will operate from 3 March 2025. The nominal expiry date of the Agreement is 31 December 2028.
COMMISSIONER
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