Alcoa Australia Rolled Products

[2013] FWCA 8448

FAIR WORK COMMISSION

DECISION

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

Alcoa Australia Rolled Products
(AG2013/9738)

ALCOA AUSTRALIA ROLLED PRODUCTS YENNORA AGREEMENT 2013

Aluminium industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 28 OCTOBER 2013

Application for approval of the Alcoa Australia Rolled Products Yennora Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alcoa Australia Rolled Products Yennora Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 4 November 2013. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Alcoa Australia Rolled Products Yennora Agreement 2013. The dispute involved the applicant, Alcoa Australia Rolled Products, and the respondents, represented by the Australian Manufacturing Workers' Union and the National Union of Workers. The application for approval of the agreement was brought under section 235 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Act. The Commission needed to determine if the agreement contained the essential elements required for it to be considered a simple, direct, and effective means of resolving industrial disputes. Furthermore, the Commission had to consider if the agreement provided for appropriate protections for employees, including minimum terms and conditions of employment, and whether it adhered to the principles of the Australian labour market system.

In reaching its decision, the Commission examined the contents of the agreement and considered the evidence provided by both parties. The Commission found that the agreement contained the necessary elements for approval and was a simple, direct, and effective means of resolving industrial disputes. It was concluded that the agreement provided for appropriate protections for employees, including minimum terms and conditions of employment, and adhered to the principles of the Australian labour market system. Therefore, the application for approval of the Alcoa Australia Rolled Products Yennora Agreement 2013 was successful.

The Fair Work Commission approved the agreement under section 235 of the Fair Work Act 2009. The agreement was deemed to be a registered agreement and would have effect from the date of the Commission's decision. The agreement would remain in force until terminated in accordance with its provisions or until a new agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established