Cape Marine and Offshore Pty Ltd; Cape Australia Onshore Pty Ltd; Total Corrosion Control Pty Ltd; Cape (CHS) Pty Ltd

[2013] FWCA 621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Marine and Offshore Pty Ltd; Cape Australia Onshore Pty Ltd; Total Corrosion Control Pty Ltd; Cape (CHS) Pty Ltd
(AG2012/14295)

CAPE AUSTRALIA ROPE ACCESS ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 JANUARY 2013

Application for approval of the Cape Australia Rope Access Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cape Australia Rope Access Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the respondents, Cape Marine and Offshore Pty Ltd, Cape Australia Onshore Pty Ltd, Total Corrosion Control Pty Ltd and Cape (CHS) Pty Ltd, sought approval of the Cape Australia Rope Access Enterprise Agreement 2012. The respondents applied to have the agreement certified as a greenfields agreement under the Fair Work Act 2009. The Australian Manufacturing Workers' Union was the only party that intervened in the proceeding.

The application required the Commission to determine whether the agreement was a genuine enterprise agreement and whether it satisfied the "better off overall test". The application also required consideration of whether the agreement met the "good faith" requirements of section 230 of the Act.

The Commission found that the agreement was a genuine enterprise agreement and that it satisfied the "better off overall test". The Commission determined that the agreement met the "good faith" requirements of the Act. The Commission certified the agreement as a greenfields agreement.

The Commission made an order that the Cape Australia Rope Access Enterprise Agreement 2012 be approved as a greenfields agreement and that it be registered in the Register of Approved Agreements. The Commission also made an order that the agreement be in force from 1 September 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established