Australian Aluminium Finishing Pty Limited Summary

[2024] FWCA 793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Aluminium Finishing Pty Limited

(AG2024/372)

AAF FRANK STREET SITE UNION COLLECTIVE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 1 MARCH 2024

Application for approval of the AAF Frank Street Site Union Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the AAF Frank Street Site Union Collective Agreement 2024 (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.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3.15 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Aluminium Finishing Pty Limited applied for the approval of the AAF Frank Street Site Union Collective Agreement 2024. The application was made under section 234 of the Fair Work Act 2009 (Cth). The matter was heard in the Fair Work Commission by Deputy President J.J. Harrison.

The primary legal issue before the court was whether the Union Collective Agreement 2024 met the statutory requirements under section 234 of the Fair Work Act 2009 (Cth) and whether it provided for the appropriate registration of the agreement. The court had to assess the agreement to ensure it complied with the relevant provisions of the Fair Work Act 2009 (Cth), including the coverage of employees, the terms of employment, and the procedural fairness in the negotiation of the agreement.

In delivering the decision, Deputy President J.J. Harrison noted that the Union Collective Agreement 2024 was negotiated in good faith and covered all relevant employees within the scope of the agreement. The court found that the agreement was comprehensive, addressing all necessary terms and conditions of employment, and that it met the statutory requirements under section 234 of the Fair Work Act 2009 (Cth). The Deputy President concluded that the agreement provided for the appropriate registration and approved the application for the Union Collective Agreement 2024.

The final orders of the court were that the AAF Frank Street Site Union Collective Agreement 2024 be approved and registered under section 234 of the Fair Work Act 2009 (Cth).

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