DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited
(AG2015/3494)

CAPRAL LIMITED ERSKINE PARK REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 AUGUST 2015

Application for approval of the Capral Limited Erskine Park Regional Distribution Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Erskine Park Regional Distribution Centre 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] 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.

[6] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Capral Limited applied to the Fair Work Commission for approval of the Capral Limited Erskine Park Regional Distribution Centre Enterprise Agreement 2015. The dispute arose as a result of Capral Limited’s decision to close its Erskine Park Regional Distribution Centre, which led to the dismissal of all employees at that site. The employees were represented by the Transport Workers Union of Australia. The Fair Work Commission was required to determine whether the agreement was in the public interest, having regard to the relevant factors set out in section 230 of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, and whether it was consistent with the principles of the National Employment Standards and the Fair Work Act. The Commission also had to consider the impact of the agreement on the employees, the employer, and the broader community.

The Commission found that the agreement provided for a fair and efficient workplace, and was consistent with the principles of the National Employment Standards and the Fair Work Act. The Commission also found that the agreement was in the public interest, having regard to the relevant factors set out in section 230 of the Fair Work Act. The Commission noted that the agreement provided for a transition period for the employees, and that it included provisions for redundancy payments and other benefits. The Commission also noted that the agreement was negotiated in good faith and that it provided for a fair outcome for all parties.

The Fair Work Commission approved the Capral Limited Erskine Park Regional Distribution Centre Enterprise Agreement 2015, subject to certain conditions. The agreement is now legally binding on Capral Limited and the employees at the Erskine Park Regional Distribution Centre.

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