Phosphate Resources Limited T/A Christmas Island Phosphates

[2021] FWCA 2368

[2021] FWCA 2368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Phosphate Resources Limited T/A Christmas Island Phosphates
(AG2021/4570)

CHRISTMAS ISLAND PHOSPHATES AND UCIW ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2021

Application for approval of the Christmas Island Phosphates and UCIW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Christmas Island Phosphates and UCIW Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Phosphate Resources Limited T/A Christmas Island Phosphates. 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. The undertakings are taken to be a term of 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 Union of Christmas Island Workers 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] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17.2 and 17.3 - Public Holidays.

However, noting clause 5.2.1 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2021. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

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Annexure A