Sass Aluminium Pty Ltd

[2013] FWCA 5944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sass Aluminium Pty Ltd
(AG2013/8546)

SASS ALUMINUM PTY LTD ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 AUGUST 2013

Application for approval of the Sass Aluminum Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Sass Aluminum Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Sass Aluminium Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 14 and 58 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 27 August 2013. The nominal expiry date of the Agreement is 26 August 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Sass Aluminium Pty Ltd applied for approval of the Sass Aluminium Pty Ltd Enterprise Agreement 2013-2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment for workers under the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and if it was made in accordance with the requirements of the Act. The CFMEU argued that the agreement failed to adequately protect employees' rights and conditions, particularly in relation to penalty rates and shift allowances. The employer, Sass Aluminium, contended that the agreement was fair and reasonable and complied with all statutory requirements.

The Commission found that while the agreement contained provisions that were generally fair and reasonable, certain aspects concerning penalty rates and shift allowances were not. The Commission emphasised the importance of ensuring that employees receive appropriate compensation for their work, particularly in industries where irregular hours and shift work are common. The agreement was ultimately approved with modifications to better align with the statutory requirements and protect employees' rights.

The Commission ordered that the agreement be approved with certain modifications, including the reinstatement of specific penalty rates and shift allowances. The changes were aimed at ensuring that the agreement met the statutory criteria for fairness and reasonableness. These modifications were necessary to protect the rights and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established