Queensland Alumina Limited

[2023] FWCA 502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Queensland Alumina Limited

(AG2023/123)

Queensland Alumina Limited Enterprise Agreement 2023

Aluminium industry
COMMISSIONER SPENCER	BRISBANE, 17 FEBRUARY 2023

Application for approval of the Queensland Alumina Limited Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Queensland Alumina Limited Enterprise 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 Queensland Alumina Limited (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Manufacturing Workers’ Union (AMWU), Australian Workers’ Union (AWU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2023. The nominal expiry date of the Agreement is 1 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Queensland Alumina Limited applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was to be made under the Fair Work Act 2009 and was to govern the employment conditions of certain employees of the company. The application was contested by a union representing some of the employees, who argued that the agreement did not meet certain statutory requirements. The Commission was required to determine whether the agreement complied with the Act and, if so, approve it.

The central legal issues before the Commission were whether the agreement provided for a sufficient process for the resolution of future disputes, whether it contained appropriate terms for the protection of employees' health and safety, and whether it was free from provisions that might be considered to undermine the operation of the Act. The Commission considered whether the agreement satisfied the "better off overall test," which required it to be at least as good as the relevant award or registered agreement in terms of pay and conditions. The Commission also had to consider whether the agreement was procedurally fair and whether it complied with the "no disadvantage test," which required that it not place employees at a disadvantage compared to employees covered by an award or registered agreement.

In reaching its decision, the Commission found that the agreement provided for a comprehensive process for the resolution of future disputes, which included provisions for conciliation and arbitration. The Commission also found that the agreement contained appropriate terms for the protection of employees' health and safety, including provisions for the provision of personal protective equipment and the implementation of safety procedures. The Commission found that the agreement did not contain any provisions that would undermine the operation of the Act and that it satisfied the better off overall test. The Commission also found that the agreement was procedurally fair and that it complied with the no disadvantage test. As a result, the Commission approved the agreement.

The Commission made an order approving the Queensland Alumina Limited Enterprise Agreement 2023, subject to certain conditions designed to ensure that the agreement would operate effectively and in accordance with the Act. The order also provided for the agreement to be registered with the Fair Work Commission and for it to be deemed to be in operation from a specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established