DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited
(AG2015/5207)

CAPRAL CAMPBELLFIELD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

Application for approval of the Capral Campbellfield Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Capral Campbellfield Enterprise Agreement 2015 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 and shall replace clauses 10.7 -10.10 of the Agreement.

[6] 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.

[7] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Capral Limited is a party involved in an application seeking approval for the Capral Campbellfield Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The nature of the dispute revolves around the terms of this enterprise agreement and its implications for the employees at the Capral Campbellfield site.

The legal issues before the court were centred on the validity and enforceability of the agreement, particularly whether it met the statutory requirements under the Fair Work Act 2009. Key concerns included the process by which the agreement was made, the representation of the employees, and whether the agreement adequately covered all mandated matters. The court was also required to assess if the agreement was fair and reasonable in all its terms.

The Fair Work Commission carefully examined the evidence and submissions from both Capral Limited and the relevant employee representatives. The court found that the process leading to the agreement was transparent and that the representatives had genuinely attempted to negotiate in good faith. Furthermore, the court was satisfied that the agreement covered all mandated matters and was fair and reasonable. Consequently, the court approved the Capral Campbellfield Enterprise Agreement 2015, ensuring that it would be binding on all parties involved.

Capral Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established