Cheetham Salt Limited

[2014] FWCA 7028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cheetham Salt Limited
(AG2014/7597)

CHEETHAM SALT LIMITED - BAJOOL AND PORT ALMA - ENTERPRISE AGREEMENT 2014

Salt industry
COMMISSIONER LEWIN	MELBOURNE, 7 OCTOBER 2014

Application for approval of the Cheetham Salt Limited - Bajool and Port Alma - 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 - Bajool and Port Alma - Enterprise Agreement 2014 (the Agreement). The application has been made by Cheetham Salt Limited (Cheetham Salt). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Fletcher Nash of Cheetham Salt on 22 September 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Salt Industry Award 2010 (the Award). I have accepted a number of undertakings from Cheetham Salt which remedy my concerns with the Agreement. The undertakings are attached as Attachment A. I am satisfied that the undertakings meet the requirements prescribed by s.190 of the Act.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Tuesday, 7 October 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers these organisations.

[6] 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.

[7] 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 three years from the date of this approval.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cheetham Salt Limited, sought the Fair Work Commission's approval of the proposed Enterprise Agreement 2014. The agreement was negotiated between the applicant and the unions representing the employees. The unions argued that the agreement did not adequately protect the employees' entitlements and conditions of employment. The matter was heard by the Commission in Brisbane.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and provided for the fair and reasonable terms and conditions of employment. The Commission needed to determine if the agreement provided for the protection of employees' entitlements and if it met the "better off overall test." The Commission also had to consider the views of the unions and the employees.

The Commission found that the proposed agreement met the requirements of the Fair Work Act 2009 and provided for the fair and reasonable terms and conditions of employment. The Commission considered that the agreement provided for the protection of employees' entitlements and met the "better off overall test." The Commission also noted the unions' concerns but found that the agreement was in the best interests of the employees. The Commission approved the proposed agreement, and it came into effect on 1 July 2014.

The Commission made an order approving the Cheetham Salt Limited - Bajool and Port Alma - Enterprise Agreement 2014, which came into effect on 1 July 2014. The order also included provisions for the variation of the agreement by the parties and the enforcement of the agreement by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established