Capral Aluminium

Case [2016] FWCA 32


[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.

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Details
AGLC
Capral Aluminium [2016] FWCA 32
Case
[2016] FWCA 32
Decision Date

CaseChat Overview and Summary

Capral Limited T/A Capral Aluminium applied for the approval of the Capral Limited Canning Vale Production and Maintenance Employees Enterprise Agreement 2016. The application was made under section 185 of the Fair Work Act 2009 and the Australian Workers' Union, as a bargaining representative, had given notice under section 183 of the Act that it wanted the agreement to cover it. The court was required to determine whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, and whether the agreement covered the relevant organisation.

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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