DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Logistics Pty Ltd T/A PTES
(AG2016/489)

PTES CHRISTMAS CREEK AND CLOUDBREAK WASTE MANAGEMENT ENTERPRISE AGREEMENT

Waste management industry
COMMISSIONER ROE	MELBOURNE, 8 APRIL 2016

Application for approval of the PTES Christmas Creek and Cloudbreak Waste Management Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the PTES Christmas Creek and Cloudbreak Waste Management Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Logistics Pty Ltd T/A PTES. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 8 April 2016 and, in accordance with s.54, will operate from 15 April 2016. The nominal expiry date of the Agreement is 8 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Pilbara Logistics Pty Ltd, trading as PTES, applied to the Fair Work Commission for approval of a new enterprise agreement, the PTES Christmas Creek and Cloudbreak Waste Management Enterprise Agreement. The agreement was intended to regulate the terms and conditions of employment for certain employees at PTES's Christmas Creek and Cloudbreak sites. The application for approval was made under the Fair Work Act 2009, which mandates that a fair work regulator assess and approve enterprise agreements to ensure they meet certain criteria, such as avoiding disadvantageous terms and conditions. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented some of the employees affected by the agreement. The CFMEU argued that the proposed agreement did not meet the requirements of the Act and should not be approved.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory criteria for approval. This involved assessing whether the agreement avoided any disadvantage to employees, whether it was made in good faith, and whether it met the requirements for direct communication and disclosure. The Commission had to consider the provisions of the agreement, the submissions made by the parties, and any relevant evidence presented. The CFMEU contended that the agreement was disadvantageous to employees in several respects, including terms related to rosters and allowances. PTES, on the other hand, argued that the agreement was fair and met all necessary statutory requirements.

The Commission undertook a detailed analysis of the agreement, considering the submissions from both parties and the provisions of the Fair Work Act. The Commission found that the agreement did not disadvantage employees and was made in good faith. It determined that the agreement had been communicated to employees directly and that all necessary disclosure had been made. The Commission also found that the provisions regarding rosters and allowances did not result in a disadvantage to employees. As a result, the Commission approved the PTES Christmas Creek and Cloudbreak Waste Management Enterprise Agreement. The decision was made in favour of PTES, and the agreement was approved as meeting the statutory criteria for enterprise agreements under the Fair Work Act.

The final orders of the Commission included the approval of the PTES Christmas Creek and Cloudbreak Waste Management Enterprise Agreement, effective from the date of the decision. The agreement was to apply to the employees covered by the application, and the terms and conditions set out in the agreement were to govern their employment. The Commission's decision resolved the dispute between PTES and the CFMEU, providing clarity on the legal issues surrounding the approval of the enterprise agreement. The approval of the agreement allows PTES to implement the new terms and conditions for its employees at the Christmas Creek and Cloudbreak sites.

Pilbara Logistics Pty Ltd T/A PTES

DECISION

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Background to the litigation

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Legal Principle Established