[2016] FWCA 32
DECISION
| Fair Work Act 2009 |
| s.185—Enterprise agreement |
| Capral Limited T/A Capral Aluminium |
| (AG2015/7004) |
| CAPRAL LIMITED CANNING VALE PRODUCTION AND |
MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2016
Manufacturing and associated industries
| COMMISSIONER GREGORY | MELBOURNE, 5 JANUARY 2016 |
Application for approval of the Capral Limited Canning Vale Production and Maintenance
Employees Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the
Capral Limited Canning Vale Production and Maintenance Employees Enterprise Agreement
2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009
(the Act). It has been made by Capral Limited T/A Capral Aluminium. 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] 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.
[4] The Australian Workers’ Union 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.
[2016] FWCA 32
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
12 January 2016. The nominal expiry date of the Agreement is 30 December 2018.
| COMMISSIONER |
| Printed by authority of the Commonwealth Government Printer |
| <Price code G, AE417326 PR575677> |
- AGLC
- Capral Aluminium [2016] FWCA 32
- Case
- [2016] FWCA 32
- Decision Date
CaseChat Overview and Summary
The court found that all the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 had been met. The court also found that the model consultation term prescribed by the Fair Work Regulations 2009 was a term of the agreement. Furthermore, the Australian Workers' Union had given notice under section 183 of the Act that it wanted the agreement to cover it and the agreement covered the relevant organisation.
The court approved the agreement and it will operate from 12 January 2016. The nominal expiry date of the agreement is 30 December 2018.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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