Sims Aluminium Pty Limited Summary

[2013] FWCA 4653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Aluminium Pty Limited
(AG2013/1743)

SIMS ALUMINIUM PTY LIMITED (LAVERTON NORTH) COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 JULY 2013

Application for approval of the Sims Aluminium Pty Limited (Laverton North) Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sims Aluminium Pty Limited (Laverton North) Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Sims Aluminium Pty Limited. 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] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 19 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Sims Aluminium Pty Limited applied to the Fair Work Commission for approval of the Sims Aluminium Pty Limited (Laverton North) Collective Agreement 2013. The application was brought by the employer, Sims Aluminium Pty Limited, under section 229 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the workers at the Laverton North site, specifically addressing the collective agreement that was to govern these terms.

The legal issues before the Commission included whether the collective agreement met the requirements set out in the Fair Work Act, particularly in terms of its coverage, compliance with the good faith bargaining provisions, and whether it provided for the fair and equitable treatment of the employees. The Commission also needed to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, and if it provided for the lawful and non-discriminatory terms for all employees involved.

The Fair Work Commission found that the Sims Aluminium Pty Limited (Laverton North) Collective Agreement 2013 was consistent with the legislative requirements and that it was the product of good faith bargaining. The Commission was satisfied that the agreement provided for the fair treatment of employees, met the necessary legislative standards, and did not contain any terms that were inconsistent with the overarching principles of the Fair Work Act. The Commission approved the collective agreement, recognising that it served as a fair and lawful basis for the terms and conditions of employment at the Laverton North site.

The final orders of the Commission included the approval of the Sims Aluminium Pty Limited (Laverton North) Collective Agreement 2013, effective from the date of the decision. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman and that it would be subject to the dispute resolution processes outlined in the Fair Work Act.

Sims Aluminium Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established