DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cheetham Salt Limited
(AG2015/4928)

CHEETHAM SALT LIMITED - PRICE, KEVIN AND LOCHIEL - ENTERPRISE AGREEMENT 2015

Salt industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 17 SEPTEMBER 2015

[1] An application for approval of an enterprise agreement known as the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2015 (the Agreement) has been made by Cheetham Salt Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union (the AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Electrical Division (the CEPU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the AWU and the CEPU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 24 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cheetham Salt Limited, the employer, applied for the approval of an enterprise agreement, the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2015. The application was made under section 185 of the Fair Work Act 2009 and was for a single-enterprise agreement. The primary issue for the court was whether the agreement complied with the requirements of the Fair Work Act and whether the agreement was fair and reasonable in all its terms. This involved assessing whether the agreement met the procedural and substantive requirements set out in the Act.

The court examined the procedural fairness of the agreement, ensuring that the necessary bargaining process was followed, including the provision of a copy of the draft agreement to the relevant employee representatives and allowing them an opportunity to make submissions. The court also considered whether the agreement was fair and reasonable in its terms, taking into account factors such as the nature of the enterprise, the interests of the employees, and any relevant economic factors. In reaching its decision, the court gave weight to the views of the Fair Work Commission and any relevant industrial awards or agreements.

After careful consideration, the court found that the agreement met the procedural requirements of the Fair Work Act. The court also concluded that the agreement was fair and reasonable in all its terms, taking into account the submissions made by the employee representatives and the views of the Fair Work Commission. The court was satisfied that the agreement provided a fair outcome for both the employer and the employees. As a result, the court approved the agreement under section 185 of the Fair Work Act 2009.

Cheetham Salt Limited

DECISION

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