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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Phosphate Resources Limited trading as Christmas Island Phosphates, sought approval of the Christmas Island Phosphates and UCIW Enterprise Agreement 2018 in the Fair Work Commission. The dispute centred on whether the proposed agreement, which aimed to govern the employment conditions of certain workers, complied with the Fair Work Act 2009.

The primary legal issues the commission had to address were whether the agreement met the requirements for coverage by a single-enterprise agreement, whether it contained the minimum terms and conditions mandated by the Act, and if it had been negotiated in good faith. The commission also needed to consider whether the agreement provided fair and reasonable terms and conditions for the workers it covered.

In reaching its decision, the commission examined the provisions of the agreement and the negotiation process. It found that the agreement was appropriately scoped to cover a single enterprise and contained all the mandated minimum terms. The commission was satisfied that the negotiation process was conducted in good faith and that the agreement provided fair and reasonable terms for the workers. Based on these findings, the commission approved the agreement.

Consequently, the application for approval of the Christmas Island Phosphates and UCIW Enterprise Agreement 2018 was granted. The approved agreement now governs the employment conditions of the specified workers under the terms outlined in the agreement.

Phosphate Resources Limited T/A Christmas Island Phosphates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established