Phosphate Resources Limited
[2025] FWCA 291
•30 JANUARY 2025
| [2025] FWCA 291 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Phosphate Resources Limited
(AG2024/5308)
CHRISTMAS ISLAND PHOSPHATES EMPLOYEE ENTERPRISE AGREEMENT 2024
| Mining industry | |
| COMMISSIONER SCHNEIDER | PERTH, 30 JANUARY 2025 |
Application for approval of the Christmas Island Phosphates Employee Enterprise Agreement 2024
Phosphate Resources Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Christmas Island Phosphates Employee Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement.
In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. The Union of Christmas Island Workers (the Union) noted that the undertaking resulted in consistency with the National Employment Standards. However, the Union requested a further undertaking regarding public holidays.
Having considered the views of the Union, I am satisfied that a further undertaking is not required. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 16 December 2027.
COMMISSIONER
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