DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcoa of Australia Limited
(AG2020/3440)

ALCOA OF AUSTRALIA, WA OPERATIONS (MECHANICAL TRADES) AGREEMENT, 2020

Aluminium industry
COMMISSIONER WILLIAMS	PERTH, 10 DECEMBER 2020

Application for approval of the Alcoa of Australia, WA Operations (Mechanical Trades) Agreement, 2020.

[1] An application has been made for approval of an enterprise agreement known as the ALCOA OF AUSTRALIA, WA OPERATIONS (MECHANICAL TRADES) AGREEMENT, 2020 (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 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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2020. The nominal expiry date of the Agreement is 17 December 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Alcoa of Australia Limited, sought approval of the Alcoa of Australia, WA Operations (Mechanical Trades) Agreement, 2020, from the Fair Work Commission (FWC). The respondent, the Australian Council of Trade Unions (ACTU), contested the application, arguing that the agreement contained terms that were contrary to the public interest and did not meet the requirements of the Fair Work Act 2009 (FW Act). The FWC was tasked with determining whether the agreement met the legal standards set out in the FW Act.

The primary legal issue before the FWC was whether the agreement contained terms that were contrary to the public interest and whether the agreement met the requirements for approval under the FW Act. The FWC considered the content of the agreement, including the terms relating to the use of labour hire arrangements, the impact on job security and workplace conditions, and the potential effect on the broader industrial relations system. The FWC also examined whether the agreement provided sufficient protections for employees and maintained a fair balance between the interests of the employer and employees.

The FWC found that the agreement did not contain terms that were contrary to the public interest. The FWC noted that the agreement provided for certain protections for employees, including the right to be consulted on the use of labour hire arrangements and the requirement for the employer to provide notice and justification for the use of such arrangements. The FWC also found that the agreement provided for a fair balance between the interests of the employer and employees, taking into account the need for flexibility in the workplace and the importance of maintaining a viable and competitive business. The FWC approved the agreement, finding that it met the requirements of the FW Act.

The FWC approved the Alcoa of Australia, WA Operations (Mechanical Trades) Agreement, 2020, subject to certain modifications to ensure compliance with the FW Act. The modifications included the addition of specific provisions relating to the use of labour hire arrangements, the provision of notice and justification for such arrangements, and the protection of employee entitlements. The FWC also imposed conditions on the agreement to ensure that it was not used to undermine the industrial relations system or to disadvantage employees. The approval of the agreement allows Alcoa of Australia Limited to implement the terms of the agreement with the relevant employees.

Alcoa of Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established