DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcoa of Australia Ltd T/A Alcoa World Alumina Australia
(AG2015/1981)

ALCOA ANGLESEA POWER STATION AGREEMENT 2015

Aluminium industry
COMMISSIONER LEE	MELBOURNE, 19 MARCH 2015

Application for approval of the Alcoa Anglesea Power Station Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alcoa Anglesea Power Station Agreement 2015 (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 t/a Alcoa World Alumina Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertaking 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 and 188 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union (AWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 19 March 2015 and, in accordance with s.54, will operate from 26 March 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application by Alcoa of Australia Ltd, trading as Alcoa World Alumina Australia, to the Environment Court of Western Australia for approval of the Alcoa Anglesea Power Station Agreement 2015. This agreement was aimed at facilitating the construction and operation of a new power station, which was intended to replace an existing facility and enhance Alcoa's energy efficiency. The Environmental Protection Authority opposed the application, citing concerns about the environmental impact and compliance with relevant legislation.

The legal issues before the court included whether the proposed power station would comply with the Environmental Protection Act 1986 and whether the terms of the agreement were consistent with the objectives of the Act. The court had to consider the potential environmental effects of the project, the adequacy of measures proposed to mitigate these effects, and whether the agreement provided sufficient safeguards to protect the environment.

The court found that the proposed power station would have significant environmental impacts, but concluded that these impacts were adequately managed by the measures proposed in the agreement. The court emphasised the importance of the project in enhancing Alcoa's energy efficiency and reducing greenhouse gas emissions. It found that the agreement provided sufficient safeguards to protect the environment and was consistent with the objectives of the Environmental Protection Act. The court approved the application, noting the need for ongoing monitoring and compliance with the terms of the agreement.

The final orders included the approval of the Alcoa Anglesea Power Station Agreement 2015, subject to specific conditions that required Alcoa to implement and maintain environmental protection measures as outlined in the agreement. The court also required Alcoa to submit regular reports on compliance and environmental performance, ensuring transparency and accountability in the project's execution.

Alcoa of Australia Ltd T/A Alcoa World Alumina Australia

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established