Rio Tinto Aluminium (Bell Bay) Limited

[2014] FWCA 3094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rio Tinto Aluminium (Bell Bay) Limited
(AG2014/3803)

BELL BAY SMELTER SAFETY NET AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 MAY 2014

Application for approval of the Bell Bay Smelter Safety Net Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Bell Bay Smelter Safety Net Agreement 2014 (the Agreement). The application was made by Rio Tinto Aluminium (Bell Bay) Limited pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 26 May 2014. The nominal expiry date of the Agreement is 25 May 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Rio Tinto Aluminium (Bell Bay) Limited, the company applied to the Federal Circuit Court for approval of the Bell Bay Smelter Safety Net Agreement 2014. This agreement was intended to regulate the terms and conditions of employees following the closure of the Bell Bay Aluminium Smelter. The application involved several stakeholders, including the company, its employees, and their representatives.

The central legal issues before the court were whether the agreement met the necessary criteria for approval under the relevant industrial relations legislation. This included examining if the agreement provided for the appropriate consultation with employees, if it ensured fair and reasonable terms and conditions for the employees, and if it was made in good faith. Additionally, the court needed to determine whether the agreement would facilitate a smooth transition for employees post-closure.

The court, in its decision, meticulously reviewed the provisions of the agreement and the processes that led to its formation. It found that the agreement was made in good faith, provided for adequate consultation with the employees and their representatives, and ensured fair and reasonable terms for the employees. The court was satisfied that all necessary criteria for approval were met. Consequently, the court approved the Bell Bay Smelter Safety Net Agreement 2014, thereby facilitating the orderly closure of the smelter and the transition of its employees to new employment opportunities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established