Alcoa of Australia Limited

[2025] FWCA 354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alcoa of Australia Limited

(AG2025/46)

ALCOA OF AUSTRALIA LTD WESTERN AUSTRALIA POWER STATIONS ENTERPRISE AGREEMENT 2024

Aluminium industry
COMMISSIONER SCHNEIDER	PERTH, 29 JANUARY 2025

Application for approval of the Alcoa of Australia Ltd Western Australia Power Stations Enterprise Agreement 2024

Alcoa of Australia Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Alcoa of Australia Ltd Western Australia Power Stations Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

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

Clause 4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Mining and Energy Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 29 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Alcoa of Australia Limited for the approval of a new enterprise agreement with its employees in the Western Australia power stations division. The proposed agreement aimed to outline the terms and conditions of employment for the workers within this division, including wages, hours of work, leave entitlements, and other employment-related matters. The applicant, Alcoa of Australia Limited, sought the Court's endorsement of the agreement to ensure it complied with the relevant legislative framework.

The primary legal issue before the Court was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the Court had to determine if the agreement contained all the mandated terms as set out in section 235 of the Act and whether it was fairly negotiated. Additionally, the Court needed to assess whether the agreement met the "better off overall test" under section 238 of the Act, ensuring that employees would not be worse off financially by the terms of the agreement compared to their previous conditions.

The Fair Work Commission found that the proposed enterprise agreement complied with all statutory requirements. The agreement included all the mandatory terms stipulated under the Fair Work Act 2009 and was deemed to have been fairly negotiated. Furthermore, the Court was satisfied that the agreement met the "better off overall test", as the employees would be at least as well off, and in some cases better off, under the new terms. Consequently, the Court approved the enterprise agreement, confirming its compliance with all relevant legislative provisions.

The Fair Work Commission ordered the approval of the Alcoa of Australia Limited Western Australia Power Stations Enterprise Agreement 2024. This decision validated the agreement, allowing it to be implemented as the new terms and conditions of employment for the employees in the Western Australia power stations division.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established