Australian Aluminium Finishing Pty Limited

[2019] FWCA 7533

[2019] FWCA 7533

FAIR WORK COMMISSION

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

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