Alcoa of Australia

[2013] FWCA 8317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcoa of Australia
(AG2013/10775)

ALCOA WORLD ALUMINA AUSTRALIA, WA OPERATIONS (CEPU ELECTRICAL TRADES) AGREEMENT, 2013

Aluminium industry
COMMISSIONER WILLIAMS	PERTH, 24 OCTOBER 2013

Application for approval of the Alcoa World Alumina Australia, WA Operations (CEPU Electrical Trades) Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alcoa World Alumina Australia, WA Operations (CEPU Electrical Trades) Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alcoa of Australia. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2013. The nominal expiry date of the Agreement is 15 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Australian Manufacturing Workers Union to have the Alcoa World Alumina Australia, WA Operations (CEPU Electrical Trades) Agreement, 2013, approved. The applicant argued that the agreement had been properly made and should be registered by the court. Alcoa contested the application, arguing that the agreement was not a genuine enterprise agreement because it had not been appropriately negotiated. The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court found that the agreement met all the statutory requirements for approval. The agreement was made between the employer and employees covered by a certified enterprise agreement, and it contained provisions on a range of matters including wages and conditions of employment. The court also found that the agreement had been appropriately negotiated, despite the employer's objections. The court held that there was no requirement for the agreement to be approved by a majority of employees, as long as it had been made in good faith and was a genuine enterprise agreement. The court rejected the employer's argument that the agreement was not a genuine enterprise agreement because it had not been approved by a majority of employees.

The court approved the agreement and made an order for its registration. The court found that the agreement was a genuine enterprise agreement and met all the requirements for approval under the Fair Work Act. The court also found that the agreement was appropriately negotiated and did not require majority approval by employees. The order of the court was that the agreement be registered as a certified enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established