Australian Aluminium Finishing Pty Limited Summary

[2018] FWCA 4984

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australian Aluminium Finishing Pty Limited

(AG2018/2389)

AAF Frank Street Site Union Collective Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 27 August 2018

Application for approval of the AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2018.

An application has been made for approval of an enterprise agreement known as the AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2018 (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.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 28 August 2018 and, in accordance with s.54, will operate from 4 September 2018. The nominal expiry date of the Agreement is 28 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Australian Aluminium Finishing Pty Limited, the applicant sought approval of the AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2018. The respondent, the Australian Manufacturing Workers' Union, did not oppose the application. The Federal Circuit and Family Court was tasked with determining whether the agreement met the necessary legal standards for approval.

The court examined whether the agreement was a genuine collective agreement within the meaning of the Fair Work Act 2009. It assessed if the agreement was made in good faith and whether it contained the minimum terms and conditions required by law. The applicant argued that the agreement was genuine and met all legislative requirements. The respondent did not contest these claims, thereby facilitating the court’s determination.

The court found that the agreement complied with all statutory requirements. It was a genuine collective agreement, made in good faith, and included all necessary minimum terms and conditions. The court also noted that the respondent’s lack of opposition did not undermine the genuineness of the agreement. Based on these findings, the court approved the agreement.

The court ordered that the AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2018 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the court's decision, ensuring that it was binding on all parties involved.

Australian Aluminium Finishing Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established