Darley Aluminium Trading Pty Limited

[2013] FWCA 1271

FAIR WORK COMMISSION

DECISION

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

Darley Aluminium Trading Pty Limited
(AG2013/4616)

DARLEY ALUMINIUM ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 27 FEBRUARY 2013

Application for approval of the Darley Aluminium Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Darley Aluminium Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In correspondence dated 20 February 2013, the Commission wrote to the Applicant’s representative with respect to clause 14 - Hours of work, as the clause does not state the ordinary days or ordinary hours of work. The Applicant’s representative has advised that clause 5 - Relationship to Award, of the Agreement incorporates the terms of the Manufacturing and Associated Industries and Occupations Award 2010 (the Award) and as such the hours provisions, found at clause 36 of the Award are effectively terms of the Agreement.

[3] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[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 this organisation.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 6 March 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved Darley Aluminium Trading Pty Limited and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred around the approval of the Darley Aluminium Enterprise Agreement 2012-2015. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement was appropriately negotiated and met the procedural requirements for approval. This included assessing if the agreement was made in good faith and whether it was covered by the "better off overall test" (BOOT), ensuring that no employee would be worse off overall as a result of the agreement compared to their previous conditions. The Commission also needed to consider the public interest and whether the agreement aligned with national system objectives.

In reaching its decision, the FWC examined the negotiation process, the content of the agreement, and its implications for the employees. The Commission concluded that the agreement was appropriately negotiated in good faith and met the BOOT. The FWC also found that the agreement aligned with national system objectives and was in the public interest. The Commission approved the Darley Aluminium Enterprise Agreement 2012-2015, recognising it as a fair and reasonable agreement for the employees involved.

No further orders were made by the FWC beyond the approval of the agreement. The decision was based on a comprehensive assessment of the negotiation process, the content of the agreement, and its impact on the employees. The Commission's approval signified that the agreement was fair and met the necessary legal standards for enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established