Capral Limited T/A Capral Aluminium

[2020] FWCA 564

[2020] FWCA 564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited T/A Capral Aluminium
(AG2019/4775)

CAPRAL LIMITED BREMER PARK PRODUCTION AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Capral Limited Bremer Park Production and Maintenance Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Bremer Park Production and Maintenance Employees Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[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] I note that Clause 16 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4(a) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement lodged contained numerous formatting errors at clauses 2(a)(ii), 20(a), 20(b), 30(c)(d)(f), and 51(n). On the 24 January 2020, the Applicant filed an amended Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Australian Workers Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 30 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A