DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited T/A Capral Aluminium
(AG2018/3613)

CAPRAL LIMITED CANNING VALE PRODUCTION AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 FEBRUARY 2019

Application for approval of the Capral Limited Canning Vale Production and Maintenance Employees Enterprise Agreement 2018.

[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 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 February 2019 and, in accordance with s.54, will operate from 20 February 2019. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

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 Limited Canning Vale Production and Maintenance Employees Enterprise Agreement 2018 in the Fair Work Commission. The dispute centred around the validity of the proposed enterprise agreement, with concerns regarding its procedural fairness and compliance with the Fair Work Act 2009. The commission was required to determine whether the agreement met the necessary legal standards for approval and registration.

The legal issues before the commission included whether the agreement was genuinely negotiated, if it was fairly and properly made, and whether it complied with the statutory requirements of the Fair Work Act. Specifically, the commission needed to assess if there was appropriate consultation and if the agreement provided for the fair treatment of employees. The procedural fairness of the negotiation process was also scrutinised to ensure it adhered to the principles of natural justice.

In delivering its decision, the commission found that the agreement was genuinely negotiated and fairly and properly made. The process of negotiation was deemed to have complied with the requirements of the Act. The commission was satisfied that the agreement provided for the fair treatment of employees and that it met all the necessary criteria for approval. As such, the commission approved the agreement and ordered its registration.

The final orders of the commission included the approval and registration of the Capral Limited Canning Vale Production and Maintenance Employees Enterprise Agreement 2018. The agreement was to be registered as an enterprise agreement under the Fair Work Act, effective from the date of the decision. This decision affirmed the validity of the enterprise agreement and provided certainty to both Capral Aluminium 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