Capral Limited T/A Capral Aluminium

[2022] FWCA 372

[2022] FWCA 372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s. 185 - Application for approval of a single-enterprise agreement

Capral Limited T/A Capral Aluminium

(AG2021/9136)

Capral Campbellfield Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 9 FEBRUARY 2022

Application for approval of the Capral Campbellfield Enterprise Agreement 2021.

1. Capral Limited T/A Capral Aluminium (the Employer) has made an application for approval of an enterprise agreement known as the Capral Campbellfield Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement.

1. Pursuant to s. 202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 9 February 2022 and, in accordance with s. 54, will operate from 16 February 2022. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

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Annexure A