Cheetham Salt Limited

[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

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

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

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

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

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.

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

Approval

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

CaseChat Overview and Summary

The case involved an application by Cheetham Salt Limited for approval of the Enterprise Agreement 2021, which aimed to govern the employment conditions of employees at its Bajool and Port Alma facilities. The application was heard by the Fair Work Commission, which has jurisdiction to approve, reject, or vary enterprise agreements under the Fair Work Act 2009. The respondents, who were employees represented by the Transport Workers Union of Australia, contested the application, raising concerns about the terms of the agreement, particularly those related to pay and conditions.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act, including provisions regarding the protection of employees' rights and interests. The Commission also had to consider if the agreement was made in good faith and if it provided for proper processes to deal with workplace disputes. Furthermore, the Commission needed to assess whether the agreement contained any terms that were contrary to public policy or were otherwise unenforceable.

In its decision, the Fair Work Commission determined that the proposed agreement substantially complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, taking into account the needs and interests of both the employer and the employees. The Commission found that the agreement contained adequate provisions for resolving workplace disputes and did not contravene any public policy or statutory prohibitions. Consequently, the Commission approved the application for the Enterprise Agreement 2021, subject to the specified conditions.

The Commission's final order was that the Cheetham Salt Limited - Bajool and Port Alma - Enterprise Agreement 2021 be approved as of the date of the decision, and that it would be registered with the Fair Work Commission. The agreement was to be binding on Cheetham Salt Limited and the employees covered by it, effective from the date of registration. The decision was made on the basis that the agreement met the statutory criteria and provided a fair and reasonable framework for the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established