Cape Preston Port Company Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cape Preston Port Company Pty Ltd sought approval for the CPPC Transhipper Operations Enterprise Agreement 2025. The agreement was to cover employees within the transhipper operations division of the company, with the aim of setting terms and conditions for their employment. The application for approval was contested by the Transport Workers Union, which represented some of the employees, on the basis that the proposed agreement did not adequately provide for their members' entitlements and conditions.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in terms of procedural fairness, and whether it contained provisions that were contrary to public policy or not genuinely intended as a genuine enterprise agreement. The Commission needed to determine if the agreement had been made in good faith and without coercion, and if it provided fair and reasonable terms for the employees.

The Commission found that the agreement had been negotiated in good faith and without any coercion, and that the process followed in arriving at the agreement was procedurally fair. The Commission was satisfied that the agreement contained terms that were fair and reasonable, and did not contravene any public policy or statutory provisions. The Transport Workers Union's arguments regarding the inadequacy of certain provisions were dismissed, as the Commission found that the agreement contained appropriate terms and conditions for the employees.

The Fair Work Commission approved the CPPC Transhipper Operations Enterprise Agreement 2025, confirming its validity and enforceability under the Fair Work Act 2009. The decision provides clarity for the parties involved and sets a precedent for future agreements within the industry.

Cape Preston Port Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established