DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Alumina Limited
(AG2018/2441)

QUEENSLAND ALUMINA LIMITED ENTERPRISE AGREEMENT 2018

Aluminium industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Queensland Alumina Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Alumina Limited Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 19.1 – Annual leave; and

• Clause 19.2 – Sick leave.

However, noting clause 3(f) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 21 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Queensland Alumina Limited, sought approval of the Queensland Alumina Limited Enterprise Agreement 2018. The respondents were the Australian Manufacturing Workers' Union and the Australian Workers' Union. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement contained the necessary 'protected action' provisions, including minimum wages, hours of work, and other terms and conditions of employment. Additionally, the Commission had to determine if the agreement was made in good faith and if it provided for the proper registration and certification of the agreement. The Commission also had to consider whether the agreement complied with the 'better off overall test', ensuring that no employee would be worse off under the new agreement.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement did contain the necessary provisions and was made in good faith. The Commission determined that the agreement met the 'better off overall test', as it provided for improvements in wages and conditions for most employees, and did not result in any employee being worse off. The Commission approved the Queensland Alumina Limited Enterprise Agreement 2018, finding it to be in the best interests of the employees and compliant with the Fair Work Act 2009. As a result, the agreement was registered and certified, effective from the date of the decision.

Queensland Alumina Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established