Alcoa of Australia Limited T/A Alcoa World Alumina Australia

[2014] FWCA 3209

[2014] FWCA 3209

FAIR WORK COMMISSION

DECISION

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

Alcoa of Australia Limited T/A Alcoa World Alumina Australia
(AG2014/5642)

ALCOA WORLD ALUMINA AUSTRALIA, KWINANA, PINJARRA AND WAGERUP POWER STATIONS ENTERPRISE AGREEMENT 2014

Aluminium industry
COMMISSIONER WILLIAMS	PERTH, 16 MAY 2014

Application for approval of the Alcoa World Alumina Australia, Kwinana, Pinjarra and Wagerup Power Stations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Alcoa World Alumina Australia, Kwinana, Pinjarra and Wagerup Power Stations Enterprise Agreement 2014 (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 trading as Alcoa World Alumina Australia. 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 Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is 1 May 2017.

COMMISSIONER

 1   Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

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