DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cape Australia Onshore Pty Ltd T/A Cape
(AG2018/5895)

CAPE AUSTRALIA NORTHERN AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 FEBRUARY 2019

Application for variation of the Cape Australia Northern Australia Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Cape Australia Northern Australia Enterprise Agreement 2018 (the Agreement). The application was made by Cape Australia Onshore Pty Ltd T/A Cape pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 22 June 2018. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 20 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Cape Australia Onshore Pty Ltd, trading as Cape, and the Australian Workers’ Union. The dispute centred on an application by the employer to vary the Cape Australia Northern Australia Enterprise Agreement 2018. The Fair Work Commission, as the relevant tribunal, was tasked with reviewing and deciding on the application for these variations.

The legal issues before the Commission involved whether the proposed changes to the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the changes were reasonable and necessary, and if they complied with the provisions that govern the process for varying an enterprise agreement. The application sought changes that included modifications to shift patterns, allowances, and other terms and conditions of employment.

In its reasoning, the Commission examined the evidence presented by both parties and considered the impact of the proposed changes on the employees. The Commission noted the employer's argument that the changes were necessary to address operational efficiencies and to remain competitive in the industry. However, the Commission also considered the union's contention that the proposed changes would negatively affect employee conditions and work-life balance. After weighing these factors, the Commission concluded that while some changes were necessary for the business, others were not justified. The Commission approved certain variations, including those relating to shift patterns and allowances, but rejected others that would have resulted in a significant reduction in employee conditions.

The final orders of the Commission included specific variations to the enterprise agreement, allowing certain changes to shift patterns and allowances, while rejecting others that would have adversely affected employee conditions. The approved changes were to come into effect on the date specified in the Commission's decision.

Cape Australia Onshore Pty Ltd T/A Cape

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established