Capral Limited T/A Capral Aluminium
[2022] FWCA 2945
•26 AUGUST 2022
| [2022] FWCA 2945 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Capral Limited T/A Capral Aluminium
(AG2022/3069)
Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 26 AUGUST 2022 |
Application for approval of the Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2022
Capral Limited T/A Capral Aluminium (the Applicant) has made an application for the approval of an enterprise agreement known as the Capral Limited Penrith Production and Maintenance Employees Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Australian Workers’ Union (AWU) expressed it may support approval of the Agreement subject to undertakings being provided to resolve issues relating to inconsistencies between the Agreement and the National Employment Standards (NES). I am satisfied that the issues with regard to the NES have been resolved by the inclusion of an effective NES precedence term at clause 1.5 of the Agreement. Those issues included the following:
a)clause 7.8(d) requiring medical certificates to be dated at the time of the absence;
b)clause 7.2 not encompassing compassionate leave for stillbirth/miscarriage; and
c)clause 8.9(b) and (d) the non-provision of redundancy payment in certain circumstance.
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. I am also satisfied that the AWU’s concern with regard to the minimum engagement of casual employees has been resolved by the undertakings provided.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the AWU (together, the Organisations), 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), and based on the declarations provided by the Organisations, I note that the Organisations are covered by the Agreement.
The Agreement was approved on 26 August 2022 and, in accordance with s 54, will operate from 2 September 2022. The nominal expiry date of the Agreement is 31 July 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517190 PR745197>
Annexure A
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