DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Underground Services Australia Cape Crushing and Earthmoving Contractors T/A Cape Utilities
(AG2019/1878)

CAPE ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the Cape Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cape Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Underground Services Australia Cape Crushing and Earthmoving Contractors T/A Cape Utilities. The two employers are single interest employers and related bodies corporate for the purposes of s.172(5)(b) of the Act. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement lodged on 31 May 2019 contained several formatting errors. On 16 July 2019, the Applicant filed a corrected Agreement to replace the formatting issues pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Underground Services Australia and Cape Crushing and Earthmoving Contractors T/A Cape Utilities. The dispute was centred on the application for the approval of the Cape Enterprise Agreement 2019. This application was brought before the Fair Work Commission.

The primary legal issue before the court was whether the Cape Enterprise Agreement 2019 met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith and whether it contained the necessary provisions as stipulated by the Act. Specifically, the court needed to determine if the agreement was genuinely negotiated, if it contained the required minimum terms and conditions, and if the process for its negotiation and approval complied with legal standards.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The process of negotiation and approval was also deemed to be compliant with the statutory requirements. Therefore, the Commission approved the Cape Enterprise Agreement 2019. The decision emphasised the importance of genuine negotiation and compliance with the legislative framework in the formation and approval of enterprise agreements.

The Fair Work Commission approved the Cape Enterprise Agreement 2019. This decision confirmed that the agreement met all legal standards for approval under the Fair Work Act 2009. The approval was based on the Commission's finding that the agreement was genuinely negotiated and contained the required minimum terms and conditions.

Underground Services Australia Cape Crushing and Earthmoving Contractors T/A Cape Utilities

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established