DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JSW Australia Pty Ltd
(AG2017/1864)

JSW AUSTRALIA ALCOA DRILLING ENTERPRISE AGREEMENT 2017

Aluminium industry
COMMISSIONER WILSON	MELBOURNE, 8 JUNE 2017

Application for approval of the JSW Australia Alcoa Drilling Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the JSW Australia Alcoa Drilling Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JSW Australia Pty Ltd. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 8 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JSW Australia Pty Ltd applied to the Fair Work Commission for approval of the JSW Australia Alcoa Drilling Enterprise Agreement 2017. The applicant and the respondents, the Australian Manufacturing Workers Union and the United Workers Union, had reached an agreement which they sought to have recognised as a registered agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for registration and whether it complied with the provisions of the Act.

The central issue before the Commission was whether the agreement satisfied the procedural requirements for registration as an enterprise agreement. This involved examining whether the agreement had been made in good faith and whether it had been appropriately certified. The Commission also considered whether the agreement complied with the substantive requirements of the Act, including the provision of minimum entitlements, and whether it included any provisions that were contrary to public policy.

After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and had been appropriately certified. The Commission also determined that the agreement complied with the substantive requirements of the Act and did not include any provisions that were contrary to public policy. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the JSW Australia Alcoa Drilling Enterprise Agreement 2017 for registration. The agreement was deemed to be in compliance with the Fair Work Act 2009 and was registered as an enterprise agreement. This decision provides clarity and legal certainty for the parties involved and ensures that the agreement will be enforceable under the Act.

JSW Australia 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