Alcoa of Australia Limited

[2021] FWCA 6965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcoa of Australia Limited
(AG2021/8202)

ALCOA OF AUSTRALIA, WA OPERATIONS, ELECTRICAL TRADES ENTERPRISE AGREEMENT 2021

Aluminium industry
COMMISSIONER SIMPSON	BRISBANE, 3 DECEMBER 2021

Application for approval of the Alcoa of Australia, WA Operations, Electrical Trades Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Alcoa of Australia, WA Operations, Electrical Trades Enterprise Agreement 2021 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Communication Energy Plumbing Union (CEPU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 CEPU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between Alcoa of Australia Limited and its employees, represented by the Electrical Trades Union of Australia. The case was heard in the Fair Work Commission, which was tasked with deciding whether to approve the Alcoa of Australia, WA Operations, Electrical Trades Enterprise Agreement 2021. The union sought approval for the agreement, while Alcoa contested several provisions, arguing they were not fair and reasonable.

The primary legal issues the court had to address were whether the agreement's provisions met the requirements of the Fair Work Act 2009, specifically sections 230 and 231. Section 230 mandates that an enterprise agreement must be "fair and reasonable" and section 231 specifies that the agreement must not provide for terms and conditions that are less favourable than those provided by a relevant award or registered agreement. The Commission also had to consider whether the agreement complied with procedural fairness and whether it was made without coercion, duress, or other undue influence.

The Fair Work Commission examined the provisions contested by Alcoa and considered the evidence and arguments presented by both parties. The Commission found that while some provisions were contentious, the overall agreement was fair and reasonable. The Commission concluded that the agreement was made without coercion or undue influence, and it did not provide for terms and conditions less favourable than those provided by relevant awards or registered agreements. The Commission approved the agreement, noting that while some amendments could be made, the overall balance of the agreement was fair and reasonable.

The Commission's final order was that the Alcoa of Australia, WA Operations, Electrical Trades Enterprise Agreement 2021 be approved as a registered agreement. The Commission directed that the agreement be registered and that the union and Alcoa were to notify affected employees of the approval. The agreement was to come into effect from the date of registration and would remain in force for the period specified within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established