DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPC Pilbara Pty Ltd
(AG2017/1317)

CPC PILBARA ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER ROE	MELBOURNE, 8 JUNE 2017

Application for approval of the CPC Pilbara Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CPC Pilbara Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CPC Pilbara Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 8 June 2017 and, in accordance with s.54, will operate from 15 June 2017. The nominal expiry date of the Agreement is 8 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CPC Pilbara Pty Ltd applied to the Fair Work Commission for approval of the CPC Pilbara Enterprise Agreement 2017. The company sought to have the agreement made under section 178 of the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers Union. The legal issues the court had to address included whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement was made in accordance with the procedures outlined in the Act.

The court examined the agreement's provisions and found that it contained fair and reasonable terms and conditions. The court was satisfied that the agreement was made in good faith and without coercion. The court also considered the process by which the agreement was made, and found that it complied with the procedures outlined in the Act. The court was satisfied that the agreement was made in accordance with the requirements of the Act.

The court approved the CPC Pilbara Enterprise Agreement 2017, finding that it met the requirements of the Act. The court noted that the agreement provided for a range of terms and conditions, including pay rates, leave entitlements, and dispute resolution procedures. The court was satisfied that the agreement was fair and reasonable, and that it was made in accordance with the procedures outlined in the Act.

The court ordered that the CPC Pilbara Enterprise Agreement 2017 be approved, and that it be registered with the Fair Work Commission. The court also ordered that the agreement be in effect from the date of the court's decision. The court noted that the agreement would remain in effect until it was varied or terminated in accordance with the procedures outlined in the Act.

CPC Pilbara Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established