DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer
(AG2016/683)

ALCOA OPERATIONS ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the Alcoa Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alcoa Operations Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Power Pty Ltd T/A Downer. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 1 April 2016 and, in accordance with s.54, will operate from 8 April 2016. The nominal expiry date of the Agreement is 8 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Downer EDI Engineering Power Pty Ltd trading as Downer, applied to the Fair Work Commission for approval of the Alcoa Operations Enterprise Agreement 2016. The application was contested by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement provided for the proper management and operation of the workplace, and whether it provided for the proper remuneration and conditions of employment for the employees covered by the agreement.

The Fair Work Commission considered whether the agreement met the criteria for approval under the Fair Work Act 2009. In particular, the Commission considered whether the agreement provided for the proper management and operation of the workplace, and whether it provided for the proper remuneration and conditions of employment for the employees covered by the agreement. The Commission noted that the agreement provided for a range of management and operational matters, including procedures for resolving workplace disputes, and that it provided for a range of remuneration and conditions of employment, including minimum rates of pay and provisions for overtime and penalty rates. The Commission was satisfied that the agreement met the requirements of the Act, and accordingly approved the agreement.

The Fair Work Commission approved the Alcoa Operations Enterprise Agreement 2016. The Commission found that the agreement provided for the proper management and operation of the workplace, and for the proper remuneration and conditions of employment for the employees covered by the agreement. The Commission noted that the agreement contained provisions for the resolution of workplace disputes, and that it provided for minimum rates of pay and provisions for overtime and penalty rates. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009, and accordingly approved the agreement.

Downer EDI Engineering Power Pty Ltd T/A Downer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established