DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Australia Onshore Pty Ltd T/A Cape
(AG2018/387)

CAPE AUSTRALIA NORTHERN AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia Northern Australia Enterprise Agreement 2018 (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 T/A Cape. 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 29 June 2018. The nominal expiry date of the Agreement is 21 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cape Australia Onshore Pty Ltd trading as Cape, applied to the Fair Work Commission for the approval of the Cape Australia Northern Australia Enterprise Agreement 2018. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing certain employees. The dispute centred around the terms of the proposed agreement, particularly those related to wages, working conditions, and procedural matters. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it contained any terms that were contrary to the public interest. Specifically, the Commission had to consider if the agreement was made in good faith, if it provided for proper negotiation, and if it included terms that were reasonable in the circumstances. The CFMEU argued that certain provisions of the agreement did not meet these criteria and were therefore invalid.

The Commission found that the agreement was made in good faith and that the negotiation process was appropriate. However, the Commission did identify some procedural irregularities that did not significantly affect the overall validity of the agreement. The Commission also examined the substantive terms of the agreement and determined that, while some provisions were contentious, they did not contravene the public interest or any relevant legislation. The Commission concluded that the benefits of the agreement to the workforce outweighed any potential detriments, and therefore, the agreement should be approved.

The Fair Work Commission approved the Cape Australia Northern Australia Enterprise Agreement 2018, subject to certain minor modifications to address the identified procedural issues. The Commission ordered that the agreement be registered and enforceable as of the date of the approval 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