Capral Limited T/A Capral Aluminium

[2016] FWCA 6023

[2016] FWCA 6023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capral Limited T/A Capral Aluminium
(AG2016/1673)

CAPRAL LIMITED BREMER PARK PRODUCTION AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 AUGUST 2016

Application for approval of the Capral Limited Bremer Park Production and Maintenance Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Bremer Park Production and Maintenance Employees Enterprise Agreement 2016 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] The Applicant sought that the wage rates at Appendix A of the Agreement be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and the 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement was approved on 26 August 2016 and, in accordance with s.54, will operate from 2 September 2016. The nominal expiry date of the Agreement is 30 October 2019.

COMMISSIONER

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<Price code G, AE420750  PR584639>

Annexure A