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

Annexure A

CaseChat Overview and Summary

The applicant, CAPS Australia Pty Ltd, sought approval of an enterprise bargaining agreement for its wage employees. The matter was heard in the Fair Work Commission (FWC). The dispute centred on the proposed agreement's provisions, specifically whether they complied with relevant legislative standards and if they were procedurally sound.

The legal issues before the FWG involved the interpretation and application of the Fair Work Act 2009. The applicant needed to demonstrate that the proposed agreement met the requirements for being a "registered" agreement under the Act. This included assessing whether the agreement was made in good faith, covered a suitable bargaining group, and was free from prohibited content. Additionally, the FWC considered if the appropriate procedures for making the agreement were followed, including whether genuine efforts were made to reach an agreement through conciliation and arbitration.

The FWC concluded that the proposed agreement met the criteria for registration. It found that the applicant had acted in good faith, the agreement covered an appropriate bargaining group, and no prohibited content was present. The FWC also determined that the necessary procedures were followed, including adequate attempts to negotiate with the relevant employee representatives. Consequently, the FWC approved the enterprise bargaining agreement, allowing it to be registered and enforceable under the Act.

The FWC's decision was formally documented in its published reasons, which outlined the detailed considerations and findings leading to the approval of the enterprise bargaining agreement. The applicant's application was successful, and the agreement was registered as per the Fair Work Act 2009.

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