Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove

[2014] FWCA 5364

FAIR WORK COMMISSION

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
(AG2014/1956)

RIO TINTO ALCAN GOVE ENTERPRISE BARGAINING AGREEMENT 2014

Northern Territory
COMMISSIONER BOOTH	BRISBANE, 11 AUGUST 2014

Application for approval of the Rio Tinto Alcan Gove Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Rio Tinto Alcan Gove Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove.

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

[3] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

● Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (“AMWU”);

● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;

● United Voice; and

● The Australian Workers’ Union.

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 18 August 2014. The nominal expiry date of the Agreement is 17 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rio Tinto Aluminium Limited, trading as Rio Tinto Alcan Gove, applied for approval of the Rio Tinto Alcan Gove Enterprise Bargaining Agreement 2014. The applicant and the relevant unions had negotiated the agreement, which was to cover employees in the Gove Alumina Refinery and associated activities. The unions sought to have the agreement approved as a single, integrated enterprise agreement, while the applicant argued that it should be divided into separate agreements for different employee groups.

The central legal issue before the commission was whether the agreement should be approved as a single enterprise agreement or divided into separate agreements for different employee groups. The commission had to consider the nature and scope of the agreement, the parties' intentions, and the implications for the employees' rights and obligations. The commission also had to assess whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

After considering the evidence and submissions, the commission found that the agreement should be approved as a single, integrated enterprise agreement. The commission concluded that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The commission also found that the agreement was consistent with the principles of the Fair Work Act and did not undermine the rights or interests of any employee group. The commission approved the agreement with minor modifications to ensure compliance with the Act.

The commission's final order was that the Rio Tinto Alcan Gove Enterprise Bargaining Agreement 2014 be approved as a single, integrated enterprise agreement, subject to the modifications made by the commission. The agreement was to apply to all employees covered by the agreement, and the modifications were to take effect from the date of the commission's decision. The commission also directed the applicant to take all necessary steps to give effect to the approved agreement and to inform the relevant employees of its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established