DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Preston Port Company Pty Ltd
(AG2017/2266)

CPPC PORT OPERATIONS ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

Application for approval of the CPPC Port Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CPPC Port 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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Cape Preston Port Company Pty Ltd (CPPC) sought approval of a port operations enterprise agreement. The proposed agreement aimed to govern the employment terms and conditions of certain workers employed by CPPC. The dispute arose as the Australian Council of Trade Unions (ACTU) raised objections to the proposed agreement, challenging its compliance with the Fair Work Act 2009.

The primary legal issues before the Commission included whether the proposed agreement met the requirements for enterprise agreements under the Fair Work Act, and whether it complied with the procedural and substantive fairness provisions. The Commission had to consider whether the agreement had been genuinely negotiated, whether it was in writing, and whether it provided for minimum terms and conditions, including rates of pay, classification of employees, and other working conditions. Additionally, the Commission needed to assess if the agreement was procedurally fair, meaning it had been negotiated in good faith and provided for proper consultation with the employees.

The Commission examined the evidence and submissions from both parties. It found that the proposed agreement had been genuinely negotiated, was in writing, and provided for minimum terms and conditions. The Commission also determined that the agreement was procedurally fair as it had been negotiated in good faith and provided for proper consultation with the employees. The Commission concluded that the proposed agreement complied with the Fair Work Act and granted approval. The Commission found that the agreement was in the best interests of the employees and would not have an adverse effect on the employees' terms and conditions of employment. Therefore, the Commission approved the proposed agreement.

Cape Preston Port Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established