Phosphate Resources Limited Summary

[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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CaseChat Overview and Summary

The application for the approval of the Christmas Island Phosphates Employee Enterprise Agreement 2024 was brought before the Fair Work Commission by Phosphate Resources Limited. The applicant sought approval of the proposed agreement, which would govern the terms and conditions of employment for the employees of Phosphate Resources Limited, including those working on Christmas Island. The application was contested by the employees and their representative, the National Tertiary Education Union (NTEU), who argued that certain provisions of the proposed agreement did not comply with the requirements of the Fair Work Act 2009.

The central legal issue before the commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the mandatory terms that must be included in an enterprise agreement. The NTEU argued that the proposed agreement failed to adequately address the minimum entitlements for casual employees and did not include provisions for parental leave and unpaid parental leave. Phosphate Resources Limited contended that the agreement was in compliance with the Act and that the provisions were fair and reasonable.

The commission found that while the proposed agreement generally complied with the requirements of the Act, there were several provisions that needed to be amended to meet the statutory obligations. Specifically, the commission found that the agreement did not adequately address the entitlements for casual employees and did not include provisions for parental leave and unpaid parental leave. The commission ordered that the agreement be amended to include these provisions and that the amended agreement be returned to the commission for final approval. The commission also noted that the parties should consider further amendments to ensure that the agreement met all the requirements of the Act.

The commission ultimately approved the amended agreement subject to the parties making further amendments to address the issues identified. The final orders included a requirement that the parties return the amended agreement to the commission for final approval once the necessary changes had been made.

Phosphate Resources Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established