Alcoa of Australia Ltd T/A Alcoa World Alumina v The Australian Workers' Union

[2012] FWA 6915

[2012] FWA 6915

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.739—Dispute resolution

Alcoa of Australia Ltd T/A Alcoa World Alumina
v
The Australian Workers’ Union
(C2012/4883)

COMMISSIONER WILLIAMS PERTH, 14 AUGUST 2012

Application to deal with a dispute.

[1] I have considered the parties submissions given at today’s conference on the proposed temporary change to start and finish times for four employees from OC2 for one shift on Wednesday 15 August 2012, the change being that the start time will be 12.00 noon the finish time 12.00 midnight.

[2] I note that given Clause 10(a) Shift Workers of the Alcoa World Alumina Australia WA Operations AWU Enterprise Agreement 2011 [AE883477] (the Agreement) is “Subject to the provisions herein prescribed...” and that Clause 10.2 General of the Agreement says “Notwithstanding any other provision of this Agreement...” it is Clause 10.2 of the Agreement that applies to this situation and not Clause 10.3 of the Agreement.

[3] I accept that Clause 11 Supplementary Shifts of the Agreement is not applicable to the circumstances of this matter.

[4] I have considered the matters set out in Clause 10.2(a)(iii) of the Agreement and pursuant to Clause 10.2(a)(ii) of the Agreement hereby determine that the alteration to start and finish times should now occur as proposed by the applicant.

COMMISSIONER

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