DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cheetham Salt Limited
(AG2020/4159)

CHEETHAM SALT LIMITED - PRICE, KEVIN AND LOCHIEL - ENTERPRISE AGREEMENT 2020

Salt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2020.

[1] Cheetham Salt Limited has made an application for approval of an enterprise agreement known as the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] The agreement is a single enterprise agreement.

[3] The Employer has 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[5] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the declaration provided by the organisations, I note that the Agreement covers both of these organisations.

[6] The nominal expiry date of the Agreement is 30 June 2023.

[7] The Agreement was approved on 2 February 2021 and, in accordance with s 54, will operate from 9 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cheetham Salt Limited, together with Price, Kevin and Lochiel, sought approval of the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2020 in the Fair Work Commission. The application was made pursuant to section 231 of the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment set forth in the proposed enterprise agreement, which aimed to govern the relationship between the company and its employees. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The legal issues before the Commission included whether the agreement was made in good faith, if it contained the requisite minimum terms and conditions, and whether it complied with procedural fairness. Additionally, the Commission needed to assess whether the agreement provided for appropriate mechanisms for dispute resolution and if it was consistent with the broader objectives of the Fair Work Act, including the protection of employee rights and the promotion of harmonious workplace relations. The Commission also had to consider submissions from various stakeholders, including the employees and the employer.

The Fair Work Commission found that the agreement was made in good faith and included all the minimum terms and conditions required by the Act. The Commission determined that the agreement was procedurally fair, providing for adequate mechanisms for dispute resolution. Furthermore, the agreement was deemed to be consistent with the broader objectives of the Fair Work Act, including the protection of employee rights and the promotion of harmonious workplace relations. Consequently, the Commission approved the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2020. The Commission's decision was based on the thorough consideration of the evidence and submissions presented by the parties involved, ensuring that the agreement met the necessary legal standards for approval.

Cheetham Salt Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established