Cheetham Salt Limited

[2013] FWCA 9853

[2013] FWCA 9853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cheetham Salt Limited
(AG2013/10227)

CHEETHAM SALT LIMITED - PRICE, KEVIN AND LOCHIEL - ENTERPRISE AGREEMENT 2013

Salt industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 17 DECEMBER 2013

Application for approval of the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2013.

[1] An application for approval of an enterprise agreement known as the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2013 (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] Afterdiscussions with the parties in a telephone conference on 9 December 2013,I am satisfied that the consultation clause in the Agreement 1  does not meet the requirements of s.205(1) of the Act. Accordingly, and in accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement. The model consultation term is attached to the Agreement as Appendix ‘A’.

[3] In the phone conference it also became apparent that the classifications for the Maintenance Tradesperson as set out in Schedule 1 of the Agreement had been incorrectly denoted as Level 6, Level 7, Level 8, Level 9, Level 10, Level 11 and Level 12, whereas the correct classifications are Level C6, Level C7, Level C8, Level C9, Level C10, Level C11 and Level C12. The correct identification of the classifications is required in order to be able to ascertain the adult apprentice rates in clause 15.5.1 of the Agreement, which are each expressed as a percentage of the C10 rate of pay. Pursuant to s.586 of the Act, the Agreement is amended accordingly.

[4] The Australian Workers’ Union (the AWU) and the Communications, Electrical and Plumbing Union, Electrical Energy and Services Division, South Australia (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.

[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. In accordance with s.54(1) of the Act, the Agreement will operate from 24 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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