Capral Limited T/A Capral Aluminium

[2022] FWCA 811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Capral Limited T/A Capral Aluminium

(AG2022/402)

Capral Limited Angaston Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 MARCH 2022

Application for approval of the Capral Limited Angaston Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Capral Limited Angaston Enterprise Agreement 2021 (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.

The Employer has provided written undertakings dated 7 March 2022. 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.

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.

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.

Subject to the undertakings referred to above, 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.

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 14 March 2022. The nominal expiry date of the Agreement is 20 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Capral Limited, trading as Capral Aluminium, sought approval for the Capral Limited Angaston Enterprise Agreement 2021 from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers at the Capral Aluminium site in Angaston, South Australia. The company applied for the agreement to be approved under section 231 of the Fair Work Act 2009, which allows for the registration of enterprise agreements that meet certain criteria.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically sections 230, 231, and 232. The Commission had to determine if the agreement was a "simple" enterprise agreement, if it had been fairly negotiated, and if it met the "better off overall test" as stipulated by the Act. Additionally, the Commission needed to consider the impact of the agreement on the employees' rights and conditions of employment.

The Commission found that the agreement was a simple enterprise agreement and had been fairly negotiated. The terms of the agreement were considered to be better than the relevant award, satisfying the better off overall test. The Commission also noted that the agreement did not unfairly discriminate against any group of employees and contained appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act, allowing it to be registered and enforceable as a binding enterprise agreement.

In light of the approval, the Commission registered the Capral Limited Angaston Enterprise Agreement 2021. This decision ensures that the terms and conditions outlined in the agreement are legally binding on the parties involved, providing a framework for employment relations at the Capral Aluminium site in Angaston.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established