Capral Limited t/a Capral Aluminium

[2019] FWCA 944

[2019] FWCA 944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited t/a Capral Aluminium
(AG2018/3651)

CAPRAL LIMITED PENRITH PRODUCTION AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Penrith 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 and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 13 February 2018 and, in accordance with s 54, will operate from 20 February 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501794  PR704918>

Annexure A