Cape Australia Onshore Pty Ltd

[2018] FWCA 1828

[2018] FWCA 1828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cape Australia Onshore Pty Ltd
(AG2017/6428)

CAPE AUSTRALIA ALCOA REFINERIES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CAMBRIDGE	SYDNEY, 3 APRIL 2018

Application for approval of the Cape Australia Alcoa Refineries Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia Alcoa Refineries Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Cape Australia Onshore Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Perth on 19 December 2017. On 26 March 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Dennis Nicholas made on behalf of the Employer and dated 19 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 14 December 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 3 April 2018. I note that the Agreement contains a flexibility term at clause 37 and a consultation term at clause 32.

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

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 10 April 2018. The nominal expiry date of the Agreement as provided for by clause 7.2 of the Agreement, is 3 April 2021.

COMMISSIONER

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