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

Printed by authority of the Commonwealth Government Printer,

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Cape Australia Onshore Pty Ltd, trading as Cape Australia, for approval of the Cape Australia South Australia Enterprise Agreement 2014. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly regarding the procedural fairness and genuine bargaining processes.

The primary legal issues before the Commission were whether the enterprise agreement was made in accordance with the requirements of the Fair Work Act, specifically if there was genuine bargaining and procedural fairness. Cape Australia argued that the agreement was the result of genuine bargaining efforts, while the objectors contended that the agreement did not reflect the true outcome of such bargaining. The Commission also had to consider if the agreement contained all the mandated terms and conditions and if it complied with the provisions of the Act.

In its decision, the Fair Work Commission held that the agreement was indeed the result of genuine bargaining, despite the objections raised. The Commission found that the bargaining process, while not perfect, was sufficient to meet the statutory requirements. It was determined that the procedural fairness was upheld, and the agreement contained all the necessary mandated terms and conditions. The Commission further noted that the agreement was in the best interests of the employees and did not disadvantage any party unduly.

As a result, the Fair Work Commission approved the Cape Australia South Australia Enterprise Agreement 2014, subject to the terms and conditions set out in the agreement. This decision confirmed that the agreement met the statutory requirements under the Fair Work Act and was approved for implementation.

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