DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Australia Onshore Pty Ltd T/A Cape Australia
(AG2016/7443)

CAPE AUSTRALIA ROPE ACCESS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Cape Australia Rope Access Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia Rope Access 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 T/A Cape Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 17 February 2017 and, in accordance with s.54, will operate from 24 February 2017. The nominal expiry date of the Agreement is 17 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Cape Australia Onshore Pty Ltd trading as Cape Australia, an application was made for the approval of the Cape Australia Rope Access Enterprise Agreement 2016. The applicant sought to have the agreement, which set out terms and conditions of employment for its employees in the rope access industry, recognised as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the legislative requirements for a registered agreement.

The primary legal issues before the Commission were whether the agreement contained the mandatory provisions required by the Fair Work Act, whether the agreement was negotiated in good faith, and whether the application for approval was made within the relevant time limits. The Fair Work Act mandates that certain terms and conditions must be included in an enterprise agreement, and these provisions must be negotiated in good faith by the parties. Additionally, the application for approval must be made within a specified time frame, failing which the agreement may not be approved.

In making its decision, the Fair Work Commission examined the terms of the agreement, the process by which it was negotiated, and the timing of the application for approval. The Commission found that the agreement contained all the mandatory provisions required by the Act and was negotiated in good faith. Furthermore, the application for approval was made within the relevant time limits. The Commission concluded that the agreement complied with the legislative requirements for a registered agreement and approved the application.

The Fair Work Commission approved the application for the Cape Australia Rope Access Enterprise Agreement 2016 to be registered as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement contained all the mandatory provisions required by the Act, was negotiated in good faith, and the application for approval was made within the relevant time limits. The Commission’s decision ensures that the employees of Cape Australia Onshore Pty Ltd will be covered by the terms and conditions set out in the approved agreement.

Cape Australia Onshore Pty Ltd T/A Cape Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established