Australian Aluminium Finishing Pty Limited

[2014] FWCA 2723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Aluminium Finishing Pty Limited
(AG2014/4044)

AUSTRALIAN ALUMINIUM FINISHING DANDENONG ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 APRIL 2014

Application for approval of the Australian Aluminium Finishing Dandenong Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aluminium Finishing Dandenong Enterprise Agreement 2013-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Aluminium Finishing Pty Limited. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian Aluminium Finishing Pty Limited. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision as Attachment A and Attachment B.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2014. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Attachment A

Attachment B

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Aluminium Finishing Pty Limited, sought approval for the Australian Aluminium Finishing Dandenong Enterprise Agreement 2013-2014. The application was brought before the Fair Work Commission, which had the task of determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for the employees of Australian Aluminium Finishing Pty Limited at its Dandenong premises.

The primary legal issue before the Commission was whether the enterprise agreement provided for the mandatory minimum entitlements under the National Employment Standards and whether it complied with the procedural requirements set forth in the Fair Work Act. The Commission also needed to assess whether the agreement was made in good faith and whether the necessary steps were taken to ensure that the employees had adequate opportunity to be consulted about the agreement.

In examining the application, the Commission considered the content of the enterprise agreement and the evidence presented regarding the consultation process. The Commission noted that the agreement provided for all the mandatory minimum entitlements required by the National Employment Standards. It also found that the process for developing the agreement involved genuine consultation with the employees, as evidenced by the documentation and testimonies provided. The Commission was satisfied that the agreement was made in good faith and that all procedural requirements were met.

The Commission approved the Australian Aluminium Finishing Dandenong Enterprise Agreement 2013-2014, finding that it met all the necessary legal criteria. The agreement was therefore approved and will govern the employment terms and conditions for the employees of Australian Aluminium Finishing Pty Limited at the Dandenong premises for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established