Cape Australia Onshore Pty Ltd T/A Cape Australia

[2014] FWCA 8143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Australia Onshore Pty Ltd T/A Cape Australia
(AG2014/9483)

CAPE AUSTRALIA SOUTH WEST YARDS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia South West Yards 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] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 25 November 2014. The nominal expiry date of the Agreement is 17 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cape Australia Onshore Pty Ltd, trading as Cape Australia, applied for the approval of the Cape Australia South West Yards Enterprise Agreement 2014. The application arose amidst a dispute regarding the terms and conditions of employment for workers in the company's South West Yards. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the agreement contained all the required terms, whether it had been made in accordance with the procedural requirements of the Fair Work Act, and whether it was in the best interests of the employees. Specifically, the Commission had to examine whether the agreement included all the mandatory terms, whether it was free from any illegality, and whether it provided fair and reasonable terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement was not likely to undermine the operation of the national system of industrial relations.

In delivering its decision, the Commission found that the agreement met all the necessary criteria for approval. The agreement contained all the required terms, was procedurally sound, and provided fair and reasonable terms and conditions of employment. The Commission determined that the agreement did not contravene any provisions of the Fair Work Act and was in the best interests of the employees. The Commission was satisfied that the agreement would not undermine the operation of the national system of industrial relations. Consequently, the Commission approved the Cape Australia South West Yards Enterprise Agreement 2014.

The Fair Work Commission approved the Cape Australia South West Yards Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the terms and conditions of employment as outlined in the agreement are legally binding and enforceable, providing a framework for industrial relations between Cape Australia and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established