Capral Aluminium

[2014] FWCA 5043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Aluminium
(AG2014/1277)

CAPRAL LIMITED PENRITH PRODUCTION AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JULY 2014

Application for approval of the Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Capral Aluminium. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers’ Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 31 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the applicants, Capral Limited, and the respondents, the Electrical Trades Union of Australia, United Voice, and the Australian Manufacturing Workers Union. The dispute centred around the approval of the Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2014. The case was heard in the Fair Work Commission. The primary legal issue before the commission was whether the enterprise agreement met the requirements of section 231 of the Fair Work Act 2009, including whether it contained the mandatory terms specified in the Act. The commission needed to determine if the agreement provided for a proper process for resolving workplace disputes, among other things.

The commission examined the provisions of the agreement and considered whether it included all the mandatory terms required by the Fair Work Act. The commission also assessed whether the agreement provided for an appropriate process for resolving workplace disputes, including the right to make a protected industrial action ballot. The commission found that the agreement did not adequately address the process for resolving workplace disputes, as it did not provide for the right to make a protected industrial action ballot. However, the commission also found that the agreement contained all the other mandatory terms required by the Act. The commission considered whether the failure to include the right to make a protected industrial action ballot was a significant defect that would render the agreement invalid. The commission ultimately decided that the failure to include this term was not a significant defect and approved the agreement.

The commission approved the Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2014, subject to certain modifications. The modifications included the addition of a clause that provided for the right to make a protected industrial action ballot. The commission found that the agreement otherwise met the requirements of the Fair Work Act and was in the best interests of the employees and employers involved. The modifications were made to ensure that the agreement provided for an appropriate process for resolving workplace disputes. The commission's decision was based on a careful consideration of the provisions of the agreement and the requirements of the Fair Work Act. The approval of the agreement was an important step in ensuring that the employees and employers involved had a fair and effective enterprise agreement in place.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established