Cheetham Salt Limited

[2025] FWCA 3528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cheetham Salt Limited

(AG2025/3217)

CHEETHAM SALT LIMITED - SEA LAKE - ENTERPRISE AGREEMENT 2025

Salt industry
COMMISSIONER CONNOLLY	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Cheetham Salt Limited - Sea Lake - Enterprise Agreement 2025.

Approval

An application has been made for approval of an enterprise agreement known as the Cheetham Salt Limited - Sea Lake - Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cheetham Salt Limited (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 25 September 2025.

On 8 October 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

I note that one clause is inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 7.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Applicant has provided written undertakings, dated 10 October 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

“The Australian Workers’ Union”, 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2028.

Variation

An additional application has also been made under s.218A of the Act to vary the Agreement in order to correct an obvious error.

The following error was identified in the Agreement:

· Clause 26.1.2 states “For the purposes of sub-clause 2526..1(b)” in relation to the definition of a shiftworker. It appears this is an error, and the intention may be “for the purposes of s87(1)(b)”.

This has been provided to all parties to the application and there have been no objections received.

Having reviewed the error, it is apparent in my view that such errors would fall within the scope of s. 218A(1). Accordingly, the Agreement published with this Decision is varied to correct this error.

The variation will operate from the date on which the Agreement commences operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

In the Fair Work Commission, Cheetham Salt Limited applied for approval of the Cheetham Salt Limited - Sea Lake - Enterprise Agreement 2025. The application was brought pursuant to section 231 of the Fair Work Act 2009, seeking the Commission's approval of the proposed enterprise agreement. The agreement aimed to govern the employment conditions of the workers in the bargaining unit, including wages, working hours, leave provisions, and other employment terms.

The central legal issues the Commission had to address were whether the agreement was "appropriately registered" under the Act and whether it complied with the good faith bargaining provisions. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it was negotiated fairly, and whether it provided for appropriate minimum terms as per the Act. Additionally, the Commission needed to ensure that the agreement met the standards of the contemporary workplace and adhered to the principles of the Fair Work Act.

In reaching its decision, the Commission reviewed the evidence and submissions provided by both parties. The Commission found that the agreement was made in good faith, negotiated fairly, and complied with the relevant provisions of the Act. The proposed agreement included provisions for wages, working hours, leave entitlements, and other terms and conditions of employment that were considered fair and reasonable. The Commission was satisfied that the agreement provided for appropriate minimum terms and met the standards required by the Act. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the Cheetham Salt Limited - Sea Lake - Enterprise Agreement 2025 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision and would apply to the relevant employees until it expires or is terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established