DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Aluminium Finishing Pty Limited
(AG2019/4085)

AUSTRALIAN ALUMINIUM FINISHING DANDENONG ENTERPRISE AGREEMENT 2019-2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 NOVEMBER 2019

Application for approval of the Australian Aluminium Finishing Pty Ltd Dandenong Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aluminium Finishing Pty Ltd Dandenong Enterprise Agreement 2019-2021. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Aluminium Finishing Pty Limited. The Agreement is a single enterprise agreement.

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

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

[4] I note that clause 19.2 of the Agreement provides that if an employee resigns within three months of receiving personal protective equipment, the employee will have the pro rata cost of that equipment withheld from their final pay. In my view, the clause may provide for deductions which are not permitted deductions within the meaning of s. 324 of the Act. Pursuant to s. 324 of the Act, the clause will have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.3 – Absenteeism

[6] However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Fair Work Commission (FWC) for approval of the Australian Aluminium Finishing Pty Ltd Dandenong Enterprise Agreement 2019-2021. The applicant, the FWC, sought approval of the enterprise agreement (EA) between Australian Aluminium Finishing Pty Ltd and its employees, which had been negotiated and signed by the parties. The respondents to the application were the employer and the union representing the employees.

The legal issues before the court were whether the EA complied with the requirements of the Fair Work Act 2009 and whether the EA was in the interests of the employees. Specifically, the court had to consider whether the EA was a genuine agreement, whether it contained minimum terms and conditions of employment, and whether it had been negotiated in good faith. The court also had to consider whether the EA provided for fair and reasonable terms and conditions of employment, and whether it was in the interests of the employees.

The court found that the EA was a genuine agreement that had been negotiated in good faith between the parties. The court also found that the EA contained minimum terms and conditions of employment and that it provided for fair and reasonable terms and conditions of employment. The court considered that the EA was in the interests of the employees and that it provided for appropriate protections and benefits for them. The court was satisfied that the EA met all the requirements of the Fair Work Act 2009 and approved the EA.

The final orders of the court were that the application by the FWC for approval of the Australian Aluminium Finishing Pty Ltd Dandenong Enterprise Agreement 2019-2021 be granted, and that the EA be approved as a registered agreement under the Fair Work Act 2009. The EA was to be registered and binding on all parties from the date of the court's order.

Australian Aluminium Finishing Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established