DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alcoa of Australia Limited
(AG2018/582)

ALCOA OF AUSTRALIA, WA ALUMINA AND BAUXITE OPERATIONS, CEPU ENTERPRISE AGREEMENT, 2018

Aluminium industry
COMMISSIONER LEE	MELBOURNE, 12 JUNE 2018

Application for approval of the Alcoa of Australia, WA Alumina and Bauxite Operations, CEPU Enterprise Agreement, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alcoa of Australia, WA Alumina and Bauxite Operations, CEPU Enterprise Agreement, 2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2018. The nominal expiry date of the Agreement is 15 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Alcoa of Australia Limited, sought approval of the Alcoa of Australia, WA Alumina and Bauxite Operations, CEPU Enterprise Agreement, 2018. The applicant's employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The Commission was required to determine whether the agreement met the criteria for approval, including that it did not permit terms that were less favourable than the safety net of the relevant award, and that it was not contrary to public policy. The applicant argued that the agreement was fair and reasonable, and did not breach any provisions of the Act. The respondent union submitted that the agreement provided for appropriate protections for employees and did not contravene any legal requirements.

The Commission found that the agreement did not permit terms that were less favourable than the safety net of the relevant award, and did not contain any terms that were contrary to public policy. The Commission noted that the agreement provided for appropriate protections for employees, including in relation to redundancy and termination of employment. The Commission also found that the agreement was not discriminatory, and did not contain any terms that were inconsistent with the objects of the Act.

The Commission approved the agreement, subject to certain modifications to address minor technical issues. The applicant and the respondent union were directed to provide a certified copy of the agreement, as modified, to the Commission within 28 days of the decision. The applicant and the respondent union were also directed to take all necessary steps to give effect to the agreement, including by providing copies of the agreement to all affected 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