Cape Australia Onshore Pty Ltd T/A Cape Australia

[2014] FWCA 9203

[2014] FWCA 9203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cape Australia Onshore Pty Ltd T/A Cape Australia
(AG2014/10036)

CAPE AUSTRALIA SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia South Australia 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] An undertaking has been provided in the following terms:

“For the purposes of defining a shiftworker, for the purposes of an additional week of annual leave per year, the definition as per the National Employment Standards will apply.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2014. The nominal expiry date of the Agreement is 18 December 2018.

SENIOR DEPUTY PRESIDENT

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