| [2017] FWCA 3575 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cape Preston Port Company Pty Ltd
(AG2017/2052)
CPPC TRANSHIPPER OPERATIONS ENTERPRISE AGREEMENT 2017
Mining industry | |
COMMISSIONER GREGORY | MELBOURNE, 5 JULY 2017 |
Application for approval of the CPPC Transhipper Operations Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the CPPC Transhipper Operations Enterprise Agreement 2017 (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 Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, 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.
[4] The Maritime Union of Australia 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) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2017. The nominal expiry date of the Agreement is 4 July 2019.
COMMISSIONER
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ANNEXURE A
- AGLC
- Cape Preston Port Company Pty Ltd [2017] FWCA 3575
- Case
- [2017] FWCA 3575
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with the requirements of the Fair Work Act 2009. In particular, the objectors raised concerns about the proposed changes to the shift patterns, overtime provisions, and the inclusion of certain penalty rates. They argued that the new agreement would result in a reduction in employee entitlements and create an unfair working environment.
The Commission considered the arguments presented by both parties and examined the terms and conditions of the proposed agreement. In its decision, the Commission found that the agreement provided for fair and reasonable terms and conditions for employees and complied with the requirements of the Fair Work Act 2009. The Commission determined that the proposed changes to the shift patterns and overtime provisions did not result in a reduction in employee entitlements and were reasonable in the circumstances. The Commission also found that the inclusion of certain penalty rates was appropriate and did not create an unfair working environment. As a result, the Commission approved the CPPC Transhipper Operations Enterprise Agreement 2017.
In conclusion, the Fair Work Commission approved the proposed enterprise agreement between Cape Preston Port Company Pty Ltd and the unions and individual employees. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees and complied with the requirements of the Fair Work Act 2009. The objectors' concerns about the proposed changes to shift patterns, overtime provisions, and penalty rates were addressed and resolved in the Commission's decision.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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