DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cheetham Salt Limited
(AG2014/10234)

CHEETHAM SALT LIMITED - SEA LAKE AND WAKOOL - ENTERPRISE AGREEMENT 2014

Salt industry
COMMISSIONER LEWIN	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Cheetham Salt Limited - Sea Lake and Wakool - Enterprise Agreement 2014.

[1] An application has been made under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Cheetham Salt Limited - Sea Lake and Wakool - Enterprise Agreement 2014 (the Agreement). The application has been made by the Cheetham Salt Limited. The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Sarah Dalziel of the Cheetham Salt Limited on 10 December 2014.

[3] The Agreement does not appear to contain a consultation term that meets the requirements of ss 205(1) and (1A) of the Act and r 2.09 and Schedule 2.3 of the Fair Work Regulations 2009. Accordingly, pursuant to s 205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[4] The Australian Workers’ Union has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and in accordance with s 54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Cheetham Salt Limited, applied for an approval of the 2014 Enterprise Agreement with Sea Lake and Wakool employees. The Fair Work (Registered Organisations) Amendment Act 2013 mandated that the application be heard by a delegate of the Commission's Chief Executive Officer. The application centred on whether the agreement met the statutory requirements for approval, specifically if it adhered to the provisions of the Fair Work Act 2009.

The primary legal issue the delegate had to resolve was whether the agreement complied with the procedural requirements outlined in the Fair Work Act. This included whether the agreement was made in good faith and whether it provided for the proper classification and remuneration of employees. Additionally, the delegate needed to assess if the agreement met the minimum standards prescribed by the Fair Work Act.

The delegate considered the evidence presented by both parties and examined the terms of the agreement. The delegate found that the agreement was made in good faith, included proper classification and remuneration provisions, and met the minimum standards. The delegate concluded that the agreement complied with the statutory requirements for approval. Consequently, the delegate approved the Enterprise Agreement, and the application was successful.

The delegate's decision was that the 2014 Enterprise Agreement between Cheetham Salt Limited and Sea Lake and Wakool employees was approved. The agreement would now be registered with the Fair Work Commission, and the terms would apply to the employees covered by the agreement.

Cheetham Salt Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established