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

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Capral Limited trading as Capral Aluminium and the relevant employees. The dispute centred on the approval of the Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2018. The matter was heard by the Commission, which needed to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was genuinely negotiated and whether there was adequate disclosure of relevant information. Substantively, the Commission needed to assess whether the agreement contained terms that were unfair or otherwise contrary to public policy.

The Commission examined the evidence and submissions from both Capral and the relevant union. It considered the process by which the agreement was negotiated and whether it met the standards for genuine negotiation. The Commission also reviewed the terms of the agreement to ensure they did not contravene any statutory unfair terms or public policy considerations. After careful consideration, the Commission found that the agreement was genuinely negotiated and contained no unfair terms. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2018, finding that it met all necessary procedural and substantive requirements under the Fair Work Act. The agreement was deemed to be fairly negotiated and contained no terms that were unfair or contrary to public policy.

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