DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Australia Onshore Pty Ltd
(AG2017/4504)

CAPE AUSTRALIA SOUTH WEST YARDS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Cape Australia South West Yards Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia South West Yards Enterprise Agreement 2017 (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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2017. The nominal expiry date of the Agreement is 16 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Cape Australia Onshore Pty Ltd and a union representing its employees. The union sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The central legal issue was whether the proposed agreement met the requirements of the Act, specifically whether it contained the necessary 'protected action provisions' as outlined in section 231 of the Act. These provisions are meant to ensure that the agreement does not unjustifiably harm the employees’ rights.

The union argued that the proposed agreement, the Cape Australia South West Yards Enterprise Agreement 2017, was fair and reasonable, and contained all the necessary provisions. Cape Australia Onshore contended that the agreement failed to comply with the statutory requirements, particularly with respect to the protected action provisions. The Commission examined the specific terms of the agreement to determine if they provided adequate protection for employees' rights to take protected industrial action. The Commission found that the agreement contained the necessary provisions, and was thus fair and reasonable.

The Fair Work Commission concluded that the proposed agreement did meet the statutory requirements and was fair and reasonable. The Commission was satisfied that the agreement contained adequate protected action provisions, thereby protecting employees’ rights to take industrial action. As a result, the Commission approved the proposed agreement. The final orders included the approval of the Cape Australia South West Yards Enterprise Agreement 2017, subject to its registration with the Fair Work Registry.

Cape Australia Onshore Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established