Alcoa Portland Aluminium Pty Ltd T/A Portland Aluminium

[2021] FWCA 2211

[2021] FWCA 2211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcoa Portland Aluminium Pty Ltd T/A Portland Aluminium
(AG2021/4511)

PORTLAND ALUMINIUM (TRADES) AGREEMENT 2021

Aluminium industry
COMMISSIONER LEE	MELBOURNE, 21 APRIL 2021

Application for approval of the Portland Aluminium (Trades) Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Portland Aluminium (Trades) Agreement 2021 (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 Ltd 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. The undertakings are taken to be a term of 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 “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, both being a bargaining representative 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 7(e)(vi) – Termination of Employment;

•  Clause 12(f) – Annual Leave;

•  Clause 13(a) – Personal Leave;

•  Clause 14(c) – Long Service Leave; and

•  Clause 17(b) – Public Holidays.

However, noting the undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2021. The nominal expiry date of the Agreement is 30 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A