Cheetham Salt Limited

[2019] FWCA 5088

[2019] FWCA 5088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cheetham Salt Limited
(AG2019/954)

CHEETHAM SALT LIMITED - PRICE, KEVIN AND LOCHIEL - ENTERPRISE AGREEMENT 2018

Salt industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 JULY 2019

Application for approval of the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cheetham Salt Limited - Price, Kevin and Lochiel - Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cheetham Salt Limited (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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.

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  Clause 29.1 of the Agreement, which does not capture “injury” affecting an employee's immediate family or household member as part the definition of carer’s leave;

•  Clause 32.2.2(a) of the Agreement, which defines a child for the purposes of adoption leave as a child that is less than five years of age; and

•  Clause 39.7 of the Agreement, which states that the employer may pay a reduced amount (or no amount) of severance pay or pay in lieu of notice, if the employer obtains acceptable alternative employment for an affected employee.

[5] The Australian Workers’ Union and 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 seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504546  PR710573>

Annexure A