DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Aluminium Finishing Pty Limited
(AG2017/4159)

AAF GEEBUNG SITE ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 DECEMBER 2017

Application for approval of the AAF Geebung Site Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the AAF Geebung Site Enterprise Agreement 2017-2020 (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] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Australian Aluminium Finishing Pty Limited, a company operating in the aluminium finishing industry, and the Australian Manufacturing Workers' Union. The dispute concerns the application for approval of the AAF Geebung Site Enterprise Agreement 2017-2020. The matter was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the proposed enterprise agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was made in good faith and if it complied with the provisions of the Act. Additionally, the FWC examined whether the agreement was appropriately negotiated and if it was in the best interests of the employees.

In addressing these issues, the FWC considered the evidence presented by both parties, including the negotiation process, the consultation efforts, and the views of the employees. The FWC found that the agreement was made in good faith, with adequate consultation and negotiation processes in place. The FWC also confirmed that the agreement was in the best interests of the employees, considering the overall benefits and protections it provided. Consequently, the FWC approved the enterprise agreement, noting its compliance with the statutory requirements.

The FWC's decision was grounded in the procedural fairness of the agreement's development and its substantive alignment with the legislative framework. The FWC took into account the submissions from both parties and the interests of the employees, ultimately concluding that the agreement met all necessary criteria for approval. The FWC's approval was based on its finding that the agreement was appropriately negotiated, contained provisions that were fair and reasonable, and served the best interests of the employees. The decision reflects the FWC's role in ensuring that enterprise agreements are made in accordance with the law and are beneficial to the workforce.

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