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

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Alcoa Portland Aluminium Pty Ltd, trading as Portland Aluminium, for approval of the Portland Aluminium (Trades) Agreement 2021. The applicant sought to have the agreement, which was reached between the company and its employees represented by the Australian Manufacturing Workers' Union, approved under section 232 of the Fair Work Act 2009. The union had previously been the certified bargaining representative for the employees in question, and the applicant had been engaged in negotiations with the union to reach an enterprise agreement.

The primary legal issue before the Commission was whether the terms of the agreement were consistent with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission had to determine whether the agreement was in the best interests of the employees and whether it complied with the good faith bargaining provisions of the legislation. Additionally, the Commission had to consider whether the agreement was fair and reasonable and whether it met the standards of the National Employment Standards and the National Wage Case.

The Fair Work Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement contained terms and conditions that were fair and reasonable, and that it provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement was consistent with the National Employment Standards and the National Wage Case. The Commission concluded that the agreement was the product of good faith bargaining between the parties and that it met the standards required by the Fair Work Act. As a result, the Commission approved the agreement under section 232 of the Fair Work Act.

The Commission made an order approving the Portland Aluminium (Trades) Agreement 2021, which will now apply to the employees of the applicant. The agreement will be registered with the Fair Work Commission and will have effect from the date of registration. The applicant and the employees covered by the agreement will be bound by its terms and conditions, which will govern their employment relationship for the duration of the agreement.

Alcoa Portland Aluminium Pty Ltd T/A Portland Aluminium

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established