Capral Limited Summary

[2013] FWCA 714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited
(AG2012/13152)

CAPRAL LIMITED CANNING VALE PRODUCTION AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 FEBRUARY 2013

Application for approval of the Capral Limited Canning Vale Production and Maintenance Employees Enterprise Agreement 2012.

[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 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, Capral Limited, sought approval of an enterprise agreement which had been negotiated with the Respondent, the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question related to the conditions of employment for the Canning Vale Production and Maintenance employees of Capral Limited. The primary focus of the dispute was whether the agreement complied with the statutory requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness and the provision of necessary information to the employees.

The legal issues before the Commission involved scrutiny of the negotiation process, the fairness of the agreement's terms, and the adequacy of the information provided to employees during the consultation process. Specifically, the Commission had to determine if Capral Limited had engaged in good faith bargaining and if the agreement met the statutory criteria for approval under the Fair Work Act.

The Commission examined the evidence presented by both parties and found that Capral Limited had generally complied with the statutory requirements. The process of negotiation was deemed to have been conducted in good faith, and the agreement was found to be fair and reasonable. The Commission concluded that the necessary information had been provided to employees and that they had been given an adequate opportunity to discuss the terms of the agreement. Accordingly, the Commission approved the enterprise agreement, finding it to be compliant with the relevant legislative provisions.

The final orders included the approval of the Capral Limited Canning Vale Production and Maintenance Employees Enterprise Agreement 2012, which was to be registered with the Fair Work Commission. This decision was made on the basis that the agreement met the necessary statutory criteria and was fair and reasonable in all its terms.

Capral Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established