CAPS Australia Pty Ltd

[2020] FWCA 4681

[2020] FWCA 4681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CAPS Australia Pty Ltd
(AG2020/2158)

CAPS AUSTRALIA PTY LTD ENTERPRISE BARGAINING AGREEMENT FOR WAGE EMPLOYEES 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2020

Application for approval of the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Wage 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 Wage 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 these undertakings, 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 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 4 September 2020 and, in accordance with s 54, will operate from 11 September 2020. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A