Capral Limited T/A Capral Aluminium Angaston Summary

[2014] FWCA 6760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Capral Limited T/A Capral Aluminium Angaston
(AG2014/7445)

CAPRAL LIMITED ANGASTON ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 SEPTEMBER 2014

Application for approval of the Capral Limited Angaston Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Angaston Enterprise Agreement 2014 - 2018 (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 Angaston. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2014. The nominal expiry date of the Agreement is 1 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Capral Limited, trading as Capral Aluminium Angaston, applied to the Fair Work Commission for approval of the Capral Limited Angaston Enterprise Agreement 2014-2018. The applicant sought to have the agreement certified as an enterprise agreement under the Fair Work Act 2009. The application involved the Fair Work Commission's consideration of whether the agreement complied with the legal requirements for registration, including the involvement of genuine bargaining and the compliance with minimum standards of pay and conditions.

The central legal issues revolved around verifying whether the agreement was the product of genuine bargaining between the employer and the employees, and whether it met the statutory criteria for registration, including compliance with minimum wage standards and procedural fairness. Additionally, the court needed to consider if the agreement provided adequate protections and entitlements to the employees as required by the Fair Work Act.

The Fair Work Commission examined the evidence presented, which included details of the bargaining process, the terms of the agreement, and the views of the parties involved. The Commission found that the agreement had been the result of genuine bargaining and met the statutory requirements for approval. The agreement contained terms that were not less favourable than the applicable minimum standards and had been negotiated in good faith. Consequently, the Commission certified the agreement as meeting the necessary criteria for registration.

The Fair Work Commission approved the Capral Limited Angaston Enterprise Agreement 2014-2018, recognising it as a valid enterprise agreement. This decision legally binds the parties to the terms and conditions outlined in the agreement for the specified period.

Capral Limited T/A Capral Aluminium Angaston

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established