Cape Preston Port Company Pty Ltd
[2025] FWCA 489
•6 FEBRUARY 2025
| [2025] FWCA 489 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement
Cape Preston Port Company Pty Ltd
(AG2025/210)
CPPC TRANSHIPPER OPERATIONS ENTERPRISE AGREEMENT 2025
| Mining industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 6 FEBRUARY 2025 |
Application for approval of the CPPC Transhipper Operations Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Cape Preston Port Company Transhipper Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cape Preston Port Company Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 February 2024 and the Agreement was made on 27 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The CFMEU, who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The CFMEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2025. The nominal expiry date of the Agreement is 31 December 2028.
DEPUTY PRESIDENT
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