DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited T/A Capral Aluminium
(AG2018/5539)

CAPRAL CAMPBELLFIELD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 3 APRIL 2019

Application for approval of the Capral Campbellfield Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Capral Campbellfield Enterprise Agreement 2018 (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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Capral Limited, trading as Capral Aluminium, sought approval for the Capral Campbellfield Enterprise Agreement 2018 in the Fair Work Commission. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009 and was fair and reasonable. The Fair Work Commission was tasked with determining the validity of the agreement and whether it met the criteria for approval.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it was fairly and reasonably negotiated, and whether it adhered to the procedural requirements set out in the Fair Work Act. The Commission also had to assess if the agreement contained the necessary minimum terms and conditions and whether it complied with the provisions of the Fair Work Act.

In examining the application, the Commission considered the process of negotiation, the content of the agreement, and its compliance with statutory provisions. The Commission found that Capral Limited had engaged in a genuine process of negotiation and that the agreement contained all the required minimum terms. It was also determined that the agreement was fair and reasonable, considering the interests of both employees and the employer. The Commission approved the agreement based on these findings, ensuring it met all legal requirements.

The Fair Work Commission approved the Capral Campbellfield Enterprise Agreement 2018, confirming its compliance with the Fair Work Act and its fairness and reasonableness. The decision ensured that the agreement was valid and enforceable, providing a framework for the employment relationship between Capral Limited and its employees.

Capral Limited T/A Capral Aluminium

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established