Alcoa of Australia

[2013] FWCA 4929

[2013] FWCA 4929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcoa of Australia
(AG2013/7498)

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

Aluminium industry
COMMISSIONER WILLIAMS	PERTH, 23 JULY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Alcoa World Alumina Australia, WA Operations (Mechanical 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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] Clause 29 Consultation does not provide for employee representatives other than the “Union” and so does not meet the requirements of s.205(1)(b) of the Act. As a consequence, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2013. The nominal expiry date of the Agreement is 1 June 2016.

COMMISSIONER

 1   Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

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