Capral Limited T/A Capral Aluminium Summary

[2025] FWCA 182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Capral Limited T/A Capral Aluminium

(AG2024/4793)

CAPRAL LIMITED ANGASTON ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 JANUARY 2025

Application for approval of the Capral Limited Angaston Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Capral Limited Angaston Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Capral Limited T/A Capral Aluminium (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 15 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Model consultation clause

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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2025. The nominal expiry date of the Agreement is 20 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Capral Limited trading as Capral Aluminium, sought approval for the Capral Limited Angaston Enterprise Agreement 2024 from the Fair Work Commission. The application involved a dispute regarding the terms and conditions of employment for workers at the Angaston site. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement complied with the statutory provisions outlined in the Fair Work Act, particularly concerning the procedural fairness and the protection of employees' rights. The Commission had to assess whether the agreement was genuinely negotiated and if it included all necessary provisions for minimum terms and conditions of employment.

The Fair Work Commission found that the agreement was fairly negotiated and met all the statutory requirements for approval. The Commission acknowledged the efforts made by both parties to reach an agreement that balanced the interests of employees and the employer. The Commission also noted the inclusion of all necessary provisions for minimum terms and conditions, ensuring that employees' rights were adequately protected. Consequently, the Commission approved the agreement, confirming its compliance with the legislative framework.

The Fair Work Commission granted approval for the Capral Limited Angaston Enterprise Agreement 2024. The Commission's decision was based on the finding that the agreement was fairly negotiated, included all necessary provisions, and complied with the statutory requirements under the Fair Work Act. This approval allows the agreement to be implemented, providing a framework for the terms and conditions of employment for workers at the Angaston site.

Capral Limited T/A Capral Aluminium

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established