Portland Aluminium Pty Ltd

[2023] FWCA 1338

[2023] FWCA 1338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Portland Aluminium Pty Ltd

(AG2023/1176)

PORTLAND ALUMINIUM (TRADES) AGREEMENT 2023

Aluminium industry
COMMISSIONER YILMAZ	MELBOURNE, 16 MAY 2023

Application for approval of the Portland Aluminium (Trades) Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Portland Aluminium (Trades) Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Portland Aluminium Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

1. I note that clause 19(a) of the Agreement makes provision for the employer to make deductions from wages, where an Apprentice has not returned any excess tools that have not been returned. In my view, this clause may not be a permitted deduction within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my views on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

1. The Australian Manufacturing Workers' Union and 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.

1. The Agreement is approved and in accordance with s.54, will operate from 23 May 2023. The nominal expiry date of the Agreement is 23 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519975  PR761780>

Annexure A