DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Aluminium Finishing Pty Ltd
(AG2021/6337)

AUSTRALIAN ALUMINIUM FINISHING DANDENONG ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 29 JULY 2021

Application for approval of the Australian Aluminium Finishing Dandenong Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aluminium Finishing Dandenong Enterprise Agreement 2021-2024 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 5 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Australian Aluminium Finishing Pty Ltd for approval of the Australian Aluminium Finishing Dandenong Enterprise Agreement 2021-2024. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly focusing on the need for genuine agreement and compliance with the mandatory provisions of the Fair Work Act. The parties involved were Australian Aluminium Finishing Pty Ltd, the employer, and the union representing the employees, the Manufacturing and Food Metals and Engineering Union.

The primary legal issue before the Commission was whether the enterprise agreement genuinely reflected the terms agreed upon by the parties. The Commission had to assess the process through which the agreement was reached, considering if it involved genuine bargaining between the employer and the union. Additionally, the Commission examined whether the agreement complied with the mandatory terms and conditions set out in the Fair Work Act, including provisions related to minimum wages, leave entitlements, and other employment standards.

The Commission found that the agreement was genuinely negotiated between the parties and complied with the mandatory terms of the Fair Work Act. The evidence presented showed that the agreement was the result of meaningful discussions and mutual concessions, reflecting a true meeting of minds. The Commission also confirmed that the agreement did not contravene any mandatory provisions of the Act, as all required terms and conditions were included and adhered to. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Australian Aluminium Finishing Dandenong Enterprise Agreement 2021-2024, recognising it as a genuine agreement that met all legislative requirements. The decision underscores the importance of genuine bargaining and compliance with mandatory employment standards in the formation of enterprise agreements.

Australian Aluminium Finishing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established