DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cheetham Salt Limited
(AG2016/6474)

CHEETHAM SALT LIMITED - SEA LAKE - ENTERPRISE AGREEMENT 2016

Salt industry
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Cheetham Salt Limited - Sea Lake - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cheetham Salt Limited - Sea Lake - Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cheetham Salt Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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.

[4] The Australian Workers’ Union 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cheetham Salt Limited sought approval for the Sea Lake Enterprise Agreement 2016 from the Fair Work Commission. The application involved the terms and conditions of employment for the employees at Cheetham Salt's Sea Lake facility. The respondents to the application were the employees and their unions. The primary dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including the provision of fair and reasonable terms and conditions for the employees.

The legal issues before the Commission included whether the agreement provided for the employees' wages and conditions in a fair and reasonable manner, whether the agreement was genuinely bargained, and whether it met the requirements for simplification, clarity, and accessibility. The Commission also had to consider the impact of the agreement on the employees' employment conditions, particularly in relation to working hours, overtime, and shift patterns.

In deciding the application, the Commission examined the evidence provided by both parties, including submissions and witness testimonies. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for overtime and shift patterns. The Commission also found that the agreement was genuinely bargained and met the requirements for simplification, clarity, and accessibility. Accordingly, the Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Sea Lake Enterprise Agreement 2016, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included the addition of provisions relating to shift patterns, overtime, and other employment conditions. The Commission also made orders to ensure that the agreement was brought to the attention of all employees and that any questions or concerns were addressed. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and met the requirements for simplification, clarity, and accessibility.

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