DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CAPS Australia Pty Ltd
(AG2020/2161)

CAPS AUSTRALIA PTY LTD ENTERPRISE BARGAINING AGREEMENT FOR SALARIED EMPLOYEES 2020

Commercial sales
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 SEPTEMBER 2020

Application for approval of the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Salaried Employees 2020

[1] CAPS Australia Pty Ltd has made an application for approval of an enterprise agreement known as the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Salaried Employees 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The company has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 7 September 2020 and, in accordance with s 54, will operate from 14 September 2020. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CAPS Australia Pty Ltd and the Fair Work Commission, where the latter was asked to approve an Enterprise Bargaining Agreement (EBA) between the company and its salaried employees for 2020. The EBA was submitted for approval under the Fair Work Act 2009, which mandates that certain agreements be assessed by the Fair Work Commission for compliance with the Act's objectives. The primary concern was whether the EBA met the requirements of the Act and whether it was appropriate for the Commission to approve it.

The central legal issues before the Commission were whether the EBA was in accordance with the statutory objectives of the Fair Work Act, including ensuring employees have a safety net of minimum entitlements, the ability for employees and employers to negotiate pay and conditions without government interference, and that the agreement did not unfairly disadvantage any party. Additionally, the Commission considered whether the EBA contained appropriate dispute resolution mechanisms and whether the agreement was made in good faith.

In delivering its decision, the Commission carefully examined the provisions of the EBA against the statutory framework. The Commission found that the EBA was consistent with the objectives of the Fair Work Act, providing a fair and balanced agreement that included appropriate protections for both parties. The agreement contained suitable dispute resolution mechanisms, and the Commission was satisfied that it had been negotiated in good faith. Consequently, the Commission approved the EBA, recognising its alignment with the legislative intent and its potential to facilitate a stable and productive employment relationship.

The Fair Work Commission's final order was to approve the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Salaried Employees 2020, effective from the date of the Commission's decision. This approval ensures that the terms of the agreement are legally binding and enforceable, providing a framework for the relationship between CAPS Australia Pty Ltd and its salaried employees for the specified period.

CAPS Australia 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