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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of an application for the approval of the Cape Australia Portland Enterprise Agreement 2014, Cape Australia Onshore Pty Ltd T/A Cape Australia sought to have the agreement ratified by the Fair Work Commission. The application was made in the context of industrial relations, where the agreement aimed to set out the terms and conditions of employment for certain employees of the company. The dispute centred around whether the agreement complied with the relevant legislative requirements and whether it had been genuinely agreed upon by the parties.

The primary legal issue before the court was whether the Enterprise Agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was made in good faith and whether it contained the necessary provisions as stipulated by the legislation. Additionally, the court had to consider whether the agreement had been appropriately certified by the Australian Building and Construction Commission, which was a prerequisite for the agreement to be approved by the Fair Work Commission.

The Fair Work Commission, after examining the evidence and submissions, found that the Enterprise Agreement was made in good faith and met the requirements of the Fair Work Act 2009. The agreement included all necessary provisions and was certified by the Australian Building and Construction Commission. The court concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the Cape Australia Portland Enterprise Agreement 2014, marking the end of this industrial relations dispute.

The Fair Work Commission ordered that the Cape Australia Portland Enterprise Agreement 2014 be approved and registered, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment relationship between Cape Australia Onshore Pty Ltd and the affected employees. The decision provided clarity and certainty for both parties, resolving the dispute and establishing a legally binding framework for their industrial relations.

Cape Australia Onshore Pty Ltd T/A Cape Australia

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established