DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Aluminium Finishing Pty Limited
(AG2015/3966)

AUSTRALIAN ALUMINIUM FINISHING DANDENONG ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 AUGUST 2015

Application for approval of the Australian Aluminium Finishing Dandenong Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aluminium Finishing Dandenong Enterprise Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Aluminium Finishing Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian Aluminium Finishing Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] TheAustralian 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australian Aluminium Finishing Pty Limited, which sought approval of the Australian Aluminium Finishing Dandenong Enterprise Agreement 2015-2017. The application was before the Fair Work Commission, which needed to decide whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement was made in the course of genuine enterprise bargaining. The Fair Work Commission had to consider whether the bargaining was conducted in good faith and whether the agreement reflected a fair and reasonable outcome for the employees involved. Another key issue was whether the agreement complied with the requirements of the Fair Work Act, including whether it contained the necessary minimum terms and conditions of employment.

In its decision, the Fair Work Commission found that the agreement had been made in good faith and reflected a fair and reasonable outcome for the employees. The Commission noted that the bargaining process had been thorough and inclusive, with adequate consultation and negotiation between the employer and the employees. The Commission also found that the agreement contained all the required minimum terms and conditions of employment and was consistent with the relevant provisions of the Fair Work Act. Therefore, the Commission approved the agreement.

The Fair Work Commission's final order was that the Australian Aluminium Finishing Dandenong Enterprise Agreement 2015-2017 be approved as a registered agreement under the Fair Work Act. This decision was significant as it confirmed the validity of the enterprise agreement and ensured that the employees would receive the benefits and protections provided under the agreement.

Australian Aluminium Finishing Pty Limited

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established