Cape Preston Port Company Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cape Preston Port Company Pty Ltd, sought approval of the CPPC Port Operations Enterprise Agreement 2025. The application was before the Fair Work Commission, the relevant authority for matters of this nature. The dispute centred on whether the proposed agreement was in compliance with the Fair Work Act 2009 and met the necessary criteria for approval.

The court had to determine whether the agreement met the requirements under the Fair Work Act, particularly whether it provided for minimum entitlements, was free from prohibited content, and whether it was an appropriate means to facilitate efficient operations. The court also needed to consider if the agreement provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Fair Work Commission examined the provisions of the proposed agreement in detail. It assessed whether the agreement met the legislative criteria, including whether it provided for minimum entitlements and did not contain any prohibited content. The Commission found that the agreement was compliant with the requirements of the Fair Work Act and facilitated efficient operations. It was also concluded that the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Cape Preston Port Company Pty Ltd Port Operations Enterprise Agreement 2025. The decision was based on the findings that the agreement met the necessary legislative criteria, including the provision of minimum entitlements, absence of prohibited content, and facilitation of efficient operations. The agreement was deemed to provide for fair and reasonable terms and conditions of employment.

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