Rio Tinto Aluminium Limited

[2023] FWCA 316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rio Tinto Aluminium Limited

(AG2022/5573)

RIO TINTO GOVE ENTERPRISE BARGAINING AGREEMENT 2022

Aluminium industry
COMMISSIONER HUNT	BRISBANE, 1 FEBRUARY 2023

Application for approval of the Rio Tinto Gove Enterprise Bargaining Agreement 2022

Rio Tinto Aluminium Limited (the Employer) has applied for approval of an enterprise agreement known as the Rio Tinto Gove Enterprise Bargaining Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Fair Work Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the United Workers’ Union (UWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and the Australian Workers’ Union (AWU) being bargaining representatives for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU, UWU, ETU and AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2023. The nominal expiry date of the Agreement is 8 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Deputy President D’Arcy, was presented with an application by Rio Tinto Aluminium Limited for the approval of the Rio Tinto Gove Enterprise Bargaining Agreement 2022. This agreement, developed through a negotiation process involving the company and its employees, aimed to establish terms and conditions of employment for a specified period. The application came before the Commission as a means to formalise and legally enforce the terms negotiated between the parties.

The central legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, covered the requisite subjects, and adhered to the procedural and substantive fairness standards outlined in the Act. Furthermore, the Commission needed to ensure that the agreement was not contrary to the public interest or inconsistent with any federal or state law.

In its reasoning, the Commission examined the process through which the agreement was negotiated, confirming that it involved genuine and meaningful consultation between the parties. The Commission found that the terms of the agreement were comprehensive, covering a wide array of employment conditions, and that they were negotiated in good faith. It was also determined that the agreement did not contravene any federal or state laws and did not pose any threats to the public interest. Consequently, the Commission concluded that the Rio Tinto Gove Enterprise Bargaining Agreement 2022 satisfied all legal requirements for approval. The agreement was thus approved, providing a clear and legally binding framework for the employment relationship between Rio Tinto Aluminium Limited and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established