Cheetham Salt Limited
[2025] FWCA 2139
•30 JUNE 2025
| [2025] FWCA 2139 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cheetham Salt Limited
(AG2025/1867)
CHEETHAM SALT LIMITED - BAJOOL AND PORT ALMA - ENTERPRISE AGREEMENT 2024
| Salt industry | |
| COMMISSIONER P RYAN | SYDNEY, 30 JUNE 2025 |
Application for approval of the Cheetham Salt Limited - Bajool and Port Alma - Enterprise Agreement 2024
Cheetham Salt Limited (Employer) has made an application for approval of an enterprise agreement known as the Cheetham Salt Limited - Bajool and Port Alma - Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06 Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Sections 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]
One of the issues identified concerned the rate of pay for Trainee Production employees. I have accepted the Employer’s submission that it does not employ Trainee Production employees and that it is not reasonably foreseeable that it will employ Trainee Production employees for the term of the Agreement (see s.193A of the FW Act). I note that if those circumstances change an application under s.227A is available for a reconsideration of the better off overall test.
National Employment Standards
I observe that clause 28.5.2 of the Agreement may be inconsistent with the National Employment Standards (NES) insofar that it limits or restricts the method by which an employee must give notice. However, noting clause 8.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU and AWU.
Approval
The Agreement is approved. Clause 3 of the Agreement states that the Agreement will commence operation from the first full pay period commencing on or after 7 days from the date of approval by the Commission. The Employer advised that it operates a weekly pay period and the first full pay period to commence on or after 7 days after the date of this decision commences on Saturday 12 July 2025.
Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Friday, 11 July 2025. The nominal expiry date of the Agreement is 30 June 2028.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
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