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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Capral Limited T/A Capral Aluminium, an applicant, sought approval of the Capral Limited Bremer Park Production and Maintenance Employees Enterprise Agreement 2016. The application was before the Fair Work Commission, where the union and the employer had entered into an enterprise agreement. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute arose as the union representing the employees contested the terms of the proposed agreement.

The court was required to determine whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement was "better off overall" for the employees, as well as considering whether it complied with the "good faith" bargaining requirement and was in the interests of the employer and employees. The court also needed to determine whether the agreement was fairly and properly negotiated and whether it complied with the relevant provisions of the Act.

The Fair Work Commission, in its decision, found that the agreement was in the best interests of the employees and that it complied with the requirements of the Act. The Commission considered that the agreement provided for better wages, conditions, and protections for employees, and that it was negotiated in good faith. The Commission found that the agreement was fair and reasonable, and that it met the requirements for approval under the Act. The Commission approved the application and the enterprise agreement was registered.

The Fair Work Commission approved the application for the approval of the Capral Limited Bremer Park Production and Maintenance Employees Enterprise Agreement 2016. The agreement was registered and came into effect on 1 April 2016. The union and employer were bound by the terms of the agreement, and it provided for better wages, conditions, and protections for employees. The decision of the Commission was final and binding, and could not be appealed.

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