Australian Aluminium Finishing Pty Ltd Summary

[2024] FWCA 3359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Aluminium Finishing Pty Ltd

(AG2024/3321)

AUSTRALIAN ALUMINIUM FINISHING DANDENONG ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 24 SEPTEMBER 2024

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

An application has been made for approval of an enterprise agreement known as the Australian Aluminium Finishing Dandenong Enterprise Agreement 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 Ltd. The Agreement is a single enterprise agreement.

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 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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 21.1.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement does not contain a comprehensive delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2024. The nominal expiry date of the Agreement is 20 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Aluminium Finishing Pty Ltd, sought approval for the Australian Aluminium Finishing Dandenong Enterprise Agreement 2024. The Fair Work Commission (FWC) was the court tasked with deciding whether the agreement met the criteria for approval under the Fair Work Act 2009. The nature of the dispute centred around the provisions of the proposed enterprise agreement and whether it complied with the statutory requirements for approval.

The legal issues that the FWC needed to resolve were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements, and whether it met the substantive requirements of the Fair Work Act. Specifically, the FWC had to determine whether the agreement had been negotiated in good faith, whether it provided for genuine terms and conditions of employment, and whether it contained any provisions that were contrary to public policy.

The FWC found that the agreement was a genuine enterprise agreement that had been negotiated in good faith and met all the procedural requirements. The FWC also found that the agreement provided for genuine terms and conditions of employment and did not contain any provisions that were contrary to public policy. The FWC approved the Australian Aluminium Finishing Dandenong Enterprise Agreement 2024, noting that it provided for a fair and reasonable set of terms and conditions of employment for the employees covered by the agreement. The FWC also noted that the agreement provided for a streamlined process for resolving disputes and provided for a mechanism for reviewing the agreement in the future.

The FWC approved the Australian Aluminium Finishing Dandenong Enterprise Agreement 2024, effective from the date of the decision. The agreement will apply to all employees covered by the agreement and will remain in force until it is terminated or replaced by a new agreement. The FWC noted that the agreement provided for a fair and reasonable set of terms and conditions of employment for the employees covered by the agreement and that it provided for a streamlined process for resolving disputes.

Australian Aluminium Finishing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established