South32 Worsley Alumina Pty Ltd
[2023] FWCA 2193
•17 JULY 2023
| [2023] FWCA 2193 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
South32 Worsley Alumina Pty Ltd
(AG2023/2171)
SOUTH32 WORSLEY ALUMINA REFINERY MAINTENANCE TRADES ENTERPRISE AGREEMENT 2023
| Aluminium industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 17 JULY 2023 |
Application for approval of the South32 Worsley Alumina Refinery Maintenance Trades Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the South32 Worsley Alumina Refinery Maintenance Trades Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South32 Worsley Alumina Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 3 December 2021 and the Agreement was made on 16 June 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (AMWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2026.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise
a Printed by authority of the Commonwealth Government Printer
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greement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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