South32 Cannington Pty Ltd T/A South32 Cannington

[2023] FWCA 3256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

South32 Cannington Pty Ltd T/A South32 Cannington

(AG2023/3482)

CANNINGTON PORT FACILITY ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 OCTOBER 2023

Application for approval of the Cannington Port Facility Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Cannington Port Facility Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by South32 Cannington Pty Ltd T/A South32 Cannington (Employer). The Agreement is a single enterprise agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2023. The nominal expiry date of the Agreement is 6 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the approval of the Cannington Port Facility Enterprise Agreement 2023. The applicant, South32 Cannington Pty Ltd, trading as South32 Cannington, sought approval for the agreement which pertains to the terms and conditions of employment for its employees. The application was made under section 235 of the Fair Work Act 2009. The dispute was centred around the provisions of the proposed agreement and whether it met the legal requirements for approval under the Act.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the prescribed minimum entitlements and whether it included appropriate dispute resolution mechanisms. The Commission was also required to consider whether the agreement was in the best interests of the employees, particularly in terms of their working conditions and protections.

The Commission found that the Cannington Port Facility Enterprise Agreement 2023 contained fair and reasonable terms and conditions, in line with the prescribed minimum entitlements under the Fair Work Act. It was noted that the agreement included provisions for overtime, penalty rates, leave entitlements and other standard employment terms. The Commission was satisfied that the dispute resolution mechanisms provided within the agreement were appropriate and accessible. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, providing them with a fair and reasonable framework for their employment. Therefore, the application for approval was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established