Phosphate Resources Ltd T/A Christmas Island Phosphates

[2016] FWCA 538

[2016] FWCA 538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Phosphate Resources Ltd T/A Christmas Island Phosphates
(AG2015/7079)

UCIW/PHOSPHATE RESOURCES LTD (T/AS CHRISTMAS ISLAND PHOSPHATES) ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 28 JANUARY 2016

Application for approval of the UCIW/Phosphate Resources Ltd (t/as Christmas Island Phosphates) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UCIW/Phosphate Resources Ltd (t/as Christmas Island Phosphates) Enterprise Agreement 2015 (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 Ltd T/AS Christmas Island Phosphates. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A