DECISION

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

Cape Australia Onshore Pty Ltd
(AG2017/6428)

CAPE AUSTRALIA ALCOA REFINERIES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CAMBRIDGE	SYDNEY, 3 APRIL 2018

Application for approval of the Cape Australia Alcoa Refineries Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia Alcoa Refineries Enterprise Agreement 2016 (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 (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Perth on 19 December 2017. On 26 March 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Dennis Nicholas made on behalf of the Employer and dated 19 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 14 December 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 3 April 2018. I note that the Agreement contains a flexibility term at clause 37 and a consultation term at clause 32.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 10 April 2018. The nominal expiry date of the Agreement as provided for by clause 7.2 of the Agreement, is 3 April 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Cape Australia Onshore Pty Ltd, the Fair Work Commission was called upon to consider the application for the approval of the Cape Australia Alcoa Refineries Enterprise Agreement 2016. The applicants, Cape Australia Onshore Pty Ltd, sought approval for the proposed enterprise agreement, which was intended to regulate the employment terms and conditions of its employees. The dispute arose as the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union, had raised objections to certain provisions of the agreement, necessitating the intervention of the Commission.

The central legal issues before the Commission involved the fairness and compliance of the proposed agreement with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for "simplification and clarity" as required by section 234 of the Act. Additionally, the Commission examined whether the agreement provided adequate protections for employees' wages, conditions, and entitlements, and whether it complied with the procedural requirements for the negotiation and approval of enterprise agreements.

The Commission meticulously reviewed the evidence and submissions presented by both parties. It found that the proposed agreement contained provisions that were clear and concise, facilitating better understanding and implementation. Furthermore, the Commission determined that the agreement provided adequate safeguards for employees' wages and conditions, aligning with the principles of the Fair Work Act. The Commission also confirmed that the agreement was negotiated in good faith and that the procedural requirements for approval were satisfied. Based on these findings, the Commission approved the application for the agreement, recognising its benefits for both the employer and the employees.

The Fair Work Commission's approval of the Cape Australia Alcoa Refineries Enterprise Agreement 2016 represents a significant milestone in the ongoing relationship between Cape Australia Onshore Pty Ltd and its employees. The approved agreement is now legally binding, and both parties must adhere to its terms and conditions. This decision underscores the importance of achieving a balanced and fair agreement that meets the statutory requirements while addressing the needs of all stakeholders involved.

Cape Australia Onshore Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established