Cheetham Salt Limited

Case

[2022] FWCA 328

3 FEBRUARY 2022


[2022] FWCA 328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cheetham Salt Limited

(AG2021/9003)

CHEETHAM SALT LIMITED - BAJOOL AND PORT ALMA – ENTERPRISE AGREEMENT 2021

Salt industry

COMMISSIONER P RYAN

SYDNEY, 3 FEBRUARY 2022

Application for approval of the Cheetham Salt Limited - Bajool and Port Alma - Enterprise Agreement 2021

  1. Cheetham Salt Limited (the Employer) has made an application for approval of an enterprise agreement known as the Cheetham Salt Limited – Bajool and Port Alma – Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Form F17

  1. The application was accompanied by Form F17 which contained a number of typographical errors. A revised Form F17 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 Act.

Section 190 Undertakings

  1. The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183

  1. The Australian Workers Union (the AWU) and Australian Manufacturing Workers Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the AWU and AMWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 3 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514813  PR738026>

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