DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited T/A Capral Aluminium
(AG2018/3672)

CAPRAL LIMITED BREMER PARK REGIONAL DISTRIBUTION ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JANUARY 2019

Application for approval of the Capral Limited Bremer Park Regional Distribution Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Bremer Park Regional Distribution 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, 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 Clauses 15.5, 27.1, 31.1, 31.3, 31.4, 32.1, 33.4 and Appendix C are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Capral Limited, trading as Capral Aluminium, applied for the approval of the Capral Limited Bremer Park Regional Distribution Enterprise Agreement 2018. The Fair Work Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute involved provisions of the agreement that pertained to the employment conditions of workers in the aluminium industry, specifically those in regional distribution.

The legal issues before the Commission centred on whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine if the agreement was made in good faith and involved genuine bargaining. Substantively, the Commission had to ensure that the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award, and that it adhered to the public interest considerations.

The Fair Work Commission found that the agreement was made in good faith and involved genuine bargaining, thus satisfying the procedural requirements. The substantive provisions of the agreement were also assessed against the relevant award and safety net award, and were found to be no less favourable. Additionally, the Commission determined that the agreement did not have an adverse effect on the public interest. Consequently, the Commission approved the agreement, noting that it balanced the needs of both the employer and employees effectively.

The Fair Work Commission ordered that the Capral Limited Bremer Park Regional Distribution Enterprise Agreement 2018 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and would apply to the specified employees for the duration specified within the agreement. This decision provided clarity and legal certainty for Capral Limited and its employees regarding their employment conditions.

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