Rio Tinto Aluminium Limited

Case

[2023] FWCA 316

1 FEBRUARY 2023


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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

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