Capral Limited T/A Capral Aluminium

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Capral Limited, trading as Capral Aluminium, applied for approval of the Capral Limited Bremer Park Regional Distribution Enterprise Agreement 2021. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including the need for the agreement to meet the minimum standards and be fairly and genuinely negotiated. The Commission was required to determine if the agreement met the criteria for approval, including whether it was in the best interests of the employees and the employer.

The court had to examine whether the agreement contained all the prescribed minimum terms and conditions, whether the agreement was fairly and genuinely negotiated, and whether it was in the best interests of the employees and the employer. The Commission also had to consider submissions from the parties and any relevant evidence presented. Furthermore, the court needed to determine if the agreement adequately addressed the needs and interests of the employees and the employer, and whether it complied with the relevant legislative provisions.

The Fair Work Commission found that the agreement met all the necessary requirements. The Commission was satisfied that the agreement contained all the prescribed minimum terms and conditions, was fairly and genuinely negotiated, and was in the best interests of both the employees and the employer. The Commission took into account the submissions from both parties and the evidence presented. The Commission concluded that the agreement adequately addressed the needs and interests of the employees and the employer and complied with the relevant legislative provisions. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Capral Limited Bremer Park Regional Distribution Enterprise Agreement 2021. The Commission found that the agreement met all the necessary requirements, including containing all the prescribed minimum terms and conditions, being fairly and genuinely negotiated, and being in the best interests of both the employees and the employer. The Commission considered the submissions from both parties and the evidence presented, and concluded that the agreement adequately addressed the needs and interests of the employees and the employer and complied with the relevant legislative provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established