DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcoa Portland Aluminium Pty Limited T/A Portland Aluminium
(AG2018/5165)

PORTLAND ALUMINIUM (TRADES) AGREEMENT 2018

Aluminium industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Portland Aluminium (Trades) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Portland Aluminium (Trades) 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 Portland Aluminium Pty Limited T/A Portland Aluminium. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being 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 the organisations.

[5] The Agreement was approved on 1 February 2019 and, in accordance with s.54, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Alcoa Portland Aluminium Pty Limited trading as Portland Aluminium, sought approval of the Portland Aluminium (Trades) Agreement 2018. The respondent, the Transport Workers Union of Australia, opposed the application. The dispute centred around the terms and conditions of employment, specifically related to tradespeople employed by the applicant company. The central issue was whether the agreement provided adequate protections for employees, particularly in terms of redundancy and transition provisions.

The court was required to determine if the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the requirements for an enterprise agreement under section 172. The court also needed to consider if the agreement provided appropriate protections for employees, particularly those who may be affected by changes in the business, such as redundancy. Furthermore, the court had to assess whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009, ensuring that the agreement was made with a registered organisation.

The court found that the agreement was generally compliant with the Fair Work Act and provided adequate protections for employees. The court noted that while there were some areas of concern, particularly regarding the transition provisions, these did not significantly detract from the overall fairness of the agreement. The court concluded that the agreement was in the best interests of the employees and approved the application. The court's decision was based on a careful consideration of the evidence presented by both parties, and the balance of interests in approving the agreement.

The final orders included the approval of the Portland Aluminium (Trades) Agreement 2018, with certain conditions to ensure that the agreement remains fair and does not adversely affect employees. The court directed that the agreement be registered and enforceable from the date of the decision.

Alcoa Portland Aluminium Pty Limited T/A Portland Aluminium

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established