DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove
(AG2017/3763)

RIO TINTO GOVE ENTERPRISE BARGAINING AGREEMENT 2017

Aluminium industry
COMMISSIONER MCKINNON	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Rio Tinto Gove Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rio Tinto Gove Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and United Voice 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 15 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rio Tinto Aluminium Limited, trading as Rio Tinto Alcan Gove, applied for the approval of the Rio Tinto Gove Enterprise Bargaining Agreement 2017. The application was made under section 180 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees at the Gove Aluminium Refinery. The Australian Industrial Relations Commission heard the matter.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 180(2) of the Act, which mandates that an enterprise agreement must provide for, or provide mechanisms for the fair and efficient determination of, terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees, and whether it met the "better off overall test".

The Commission found that the proposed agreement provided for fair and efficient mechanisms for determining the terms and conditions of employment, and was in the best interests of the employees. The agreement also met the "better off overall test", as it provided for a range of benefits to employees, including wage increases, improved leave entitlements, and better redundancy provisions. The Commission was satisfied that the agreement was fair and appropriate, and approved it under section 180 of the Act.

The Commission made an order approving the Rio Tinto Gove Enterprise Bargaining Agreement 2017, and the agreement now operates as a registered agreement under the Fair Work Act 2009. The approval of the agreement ensures that employees at the Gove Aluminium Refinery have fair and equitable terms and conditions of employment, and that their rights and interests are protected under the Act.

Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established