CAPS Australia Pty Ltd

[2013] FWCA 10139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CAPS Australia Pty Ltd
(AG2013/10397)

CAPS AUSTRALIA PTY LTD’S ENTERPRISE BARGAINING AGREEMENT FOR WAGE EMPLOYEES 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 DECEMBER 2013

Application for approval of the CAPS Australia Pty Ltd’s Enterprise Bargaining Agreement for Wage Employees 2013.

[1] An application has been made for approval of an enterprise agreement known as the CAPS Australia Pty Ltd’s Enterprise Bargaining Agreement for Wage Employees 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 30 December 2013. The nominal expiry date of the Agreement is 9 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CAPS Australia Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Bargaining Agreement for Wage Employees 2013. The Commission was required to determine whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise bargaining agreement. The primary legal issues before the Commission involved whether the agreement was genuinely negotiated, provided for a fair and efficient means of dispute resolution, and contained provisions that were in compliance with the Act and the Fair Work (Registered Organisations) Act 2009.

The Commission considered the evidence provided by the parties and examined the terms of the agreement. It found that the agreement was genuinely negotiated between the employer and the employees, as evidenced by the process described in the submissions. The Commission also determined that the agreement provided for an efficient and fair means of dispute resolution, as required by the Act. Further, the Commission found that the provisions of the agreement were consistent with the relevant legislation. The Commission was satisfied that the agreement met all the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Bargaining Agreement for Wage Employees 2013, finding that it complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The agreement was deemed to be genuinely negotiated, to provide for an efficient and fair means of dispute resolution, and to contain provisions that were in compliance with the Act. The Commission's decision was based on the evidence presented and the terms of the agreement, which satisfied the requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established