DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CAPS Australia Pty Ltd
(AG2017/55)

CAPS AUSTRALIA PTY LTD ENTERPRISE BARGAINING AGREEMENT FOR WAGE EMPLOYEES 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 FEBRUARY 2017

Application for approval of the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Wage Employees 2016.

[1] An application has been made for approval of an enterprise agreement known as the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Wage Employees 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CAPS Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 and, in accordance with s.54, will operate from 14 February 2017. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by CAPS Australia Pty Ltd for the approval of the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Wage Employees 2016. This application was heard by the Fair Work Commission, specifically in the context of industrial relations and the regulation of workplace agreements in Australia. The parties involved were CAPS Australia Pty Ltd, an employer, and their employees, represented by a union. The dispute centred around the procedural fairness and the appropriateness of the terms contained in the proposed agreement, particularly focusing on pay and conditions for wage employees.

The key legal issues the Fair Work Commission had to address were whether the application for approval was made in accordance with the applicable legislation, and whether the proposed agreement met the statutory requirements for fairness and procedural correctness. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, ensuring it did not disadvantage employees. This involved an examination of the bargaining process, the terms of the agreement, and whether there was compliance with the relevant industrial laws.

Upon reviewing the application and the proposed agreement, the Fair Work Commission determined that the process followed was procedurally fair and that the agreement contained terms and conditions that were fair and reasonable. The Commission found that the employer had adequately demonstrated that the agreement was not likely to have a detrimental effect on the employees. The Commission concluded that the proposed agreement met all necessary statutory requirements and did not disadvantage the employees, thereby approving the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Wage Employees 2016.

The final orders of the Commission were that the application for approval of the CAPS Australia Pty Ltd Enterprise Bargaining Agreement for Wage Employees 2016 be granted. This decision confirmed the agreement as legally binding between CAPS Australia Pty Ltd and their employees, effective from the date of approval.

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