Cape Australia Onshore Pty Ltd T/A Cape Australia

[2015] FWCA 665

[2015] FWCA 665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Australia Onshore Pty Ltd T/A Cape Australia
(AG2014/10783)

CAPE AUSTRALIA PORTLAND ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 27 JANUARY 2015

Application for approval of the Cape Australia Portland Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia Portland Enterprise Agreement 2014 (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] 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] 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.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 January 2015 and, in accordance with s.54, will operate from 3 February 2015. The nominal expiry date of the Agreement is 1 April 2017.

DEPUTY PRESIDENT

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ANNEXURE A