Capral Limited T/A Capral Aluminium

[2021] FWCA 7244

[2021] FWCA 7244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited T/A Capral Aluminium
(AG2021/8712)

CAPRAL LIMITED BREMER PARK REGIONAL DISTRIBUTION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 22 DECEMBER 2021

Application for approval of the Capral Limited Bremer Park Regional Distribution Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Bremer Park Regional Distribution Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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