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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Union of Clerical and Administrative Workers (WA), the application was made for the approval of the UCIW/Phosphate Resources Ltd (trading as Christmas Island Phosphates) Enterprise Agreement 2015. The application was heard in the Fair Work Commission by Commissioner McGaughey. The dispute centred around whether the enterprise agreement proposed by the employer, Phosphate Resources Ltd, complied with the requirements of the Fair Work Act 2009.

The key legal issues addressed by the court were whether the agreement provided for fair and reasonable terms and conditions, and if it was appropriately certified by the relevant union. The court had to determine if the agreement satisfied the criteria for approval, including whether it met the "better off overall test" and if it was free from any illegality or contravention of the Fair Work Act. The court also had to consider the procedural fairness in the manner in which the agreement was negotiated and presented.

Commissioner McGaughey determined that the proposed enterprise agreement met the statutory requirements for approval. The agreement was deemed to be fair and reasonable, providing for appropriate terms and conditions of employment. The court found that the agreement was certified by the union in a procedurally fair manner and met the "better off overall test". The Commissioner also noted that the agreement did not contain any illegal or contravening provisions. Therefore, the application for approval of the enterprise agreement was successful.

The final order was that the UCIW/Phosphate Resources Ltd (trading as Christmas Island Phosphates) Enterprise Agreement 2015 be approved, effective from the date of the decision. The court's approval meant that the agreement could be implemented and the terms and conditions it contained would apply to the employees covered by the agreement.

Phosphate Resources Ltd 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