South32 Worsley Alumina Pty Ltd

[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

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.

CaseChat Overview and Summary

South32 Worsley Alumina Pty Ltd applied to the Fair Work Commission for approval of the South32 Worsley Alumina Refinery Maintenance Trades Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for maintenance trades workers within the refinery, with the Fair Work Commission tasked with ensuring the agreement met the legal requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it complied with procedural fairness, and whether it contained all the required minimum terms and conditions as outlined by the Act. Additionally, the Commission had to determine if the agreement was in the best interest of the employees and whether any provisions were unfair or discriminatory.

The Commission found that the agreement had been genuinely negotiated between the employer and the employees' representatives, and that it complied with procedural fairness. The agreement included all the required minimum terms and conditions, and the Commission was satisfied that it was in the best interests of the employees. The Commission also determined that no provisions of the agreement were unfair or discriminatory. As a result, the Fair Work Commission approved the South32 Worsley Alumina Refinery Maintenance Trades Enterprise Agreement 2023.

The final orders included the approval of the agreement, with the effective date set to the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until the next scheduled review or termination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established