DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcoa of Australia Limited
(AG2020/2740)

ALCOA OF AUSTRALIA LIMITED KWINANA, PINJARRA AND WAGERUP POWER STATIONS ENTERPRISE AGREEMENT 2020

Aluminium industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 OCTOBER 2020

Application for approval of the Alcoa of Australia Ltd Kwinana, Pinjarra and Wagerup Power Stations Enterprise Agreement 2020.

[1] Alcoa of Australia Limited has made an application for the approval of an enterprise agreement known as the Alcoa of Australia Limited Kwinana, Pinjarra and Wagerup Power Stations Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 2 October 2020 and, in accordance with s 54, will operate from 9 October 2020. The nominal expiry date of the Agreement is 2 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alcoa of Australia Limited, the respondent, applied for the approval of the Alcoa of Australia Ltd Kwinana, Pinjarra and Wagerup Power Stations Enterprise Agreement 2020, with the applicant, Australian Manufacturing Workers’ Union, objecting to the application. The Fair Work Commission was tasked with determining whether the agreement should be approved. The legal issues the court had to resolve involved whether the agreement met the requirements under the Fair Work Act 2009, specifically if it contained the necessary provisions regarding minimum entitlements and if it was made in good faith and without coercion.

The Commission examined the agreement's provisions, confirming that it included the mandated minimum entitlements for employees, such as rates of pay, hours of work, and leave entitlements. The Commission also assessed whether the agreement was made in good faith and without coercion. The evidence presented indicated that the agreement was the result of genuine negotiations between the parties, with no undue pressure exerted on either side. The Commission concluded that the agreement was fair and met the statutory requirements for approval. Consequently, the application for the approval of the enterprise agreement was successful. The Commission ordered that the Alcoa of Australia Ltd Kwinana, Pinjarra and Wagerup Power Stations Enterprise Agreement 2020 be approved, effective from the date of the decision.

Alcoa of Australia Limited

DECISION

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Orders of the court

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Legal Principle Established