DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Aluminium Finishing Pty Limited
(AG2015/7888)

AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2015 (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. 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code C, AE417748 PR576837

CaseChat Overview and Summary

The case of Australian Aluminium Finishing Pty Limited involved an application for the approval of the AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2015. The applicant, Australian Aluminium Finishing Pty Limited, sought the court's approval of the agreement, which was negotiated between the company and the relevant union. The union represented employees working at the Frank Street site of the applicant company. The primary dispute centred around the terms and conditions of employment as outlined in the collective agreement.

The court had to determine whether the collective agreement was compliant with the relevant provisions of the Fair Work Act 2009, and whether the agreement was made in good faith and free from any improper conduct. The court also had to consider whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Furthermore, the court needed to ensure that the agreement did not have any discriminatory effect on any group of employees or contravene any other industrial instrument.

In delivering its judgment, the court examined the bargaining process, the content of the agreement, and the impact of the agreement on the parties involved. The court found that the agreement was negotiated in good faith and was free from any improper conduct. The court also held that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The court further determined that the agreement did not have any discriminatory effect and did not contravene any other industrial instrument. As a result, the court approved the AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2015.

The final orders of the court included the approval of the collective agreement, which would now govern the terms and conditions of employment for the employees at the Frank Street site. The court's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement was in compliance with the relevant industrial laws and would facilitate harmonious industrial relations at the workplace.

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