The Australian Workers’ UnionvAlcoa World Alumina Australia Limited
[2012] FWA 10546
•14 DECEMBER 2012
[2012] FWA 10546 |
|
INTERIM DECISION |
Fair Work Act 2009
s.739—Dispute resolution
The Australian Workers’ Union
v
Alcoa World Alumina Australia Limited
(C2012/2530)
Aluminium industry | |
COMMISSIONER WILLIAMS | PERTH, 14 DECEMBER 2012 |
The Alcoa World Alumina Australia WA Operations AWU Enterprise Agreement 2011.
Background
[1] The hearing of this matter had originally been listed for 3 and 4 December 2012.
[2] On 23 November 2012 an urgent conference was convened at the request of the parties regarding this dispute and the practical consequences for two employees of the respondent.
[3] Following the conference a recommendation was issued by consent of the parties which in part said that Fair Work Australia would issue an in principle decision by 6 December 2012, with detailed reasons to be issued at a later date.
[4] Subsequently the hearing was relisted to later dates at the request of the applicant and with the consent of the respondent.
[5] The hearing of this matter concluded on Thursday, 13 December 2012.
[6] Given this background and notwithstanding 6 December 2012 has passed it is appropriate that an in principle decision be promptly issued for this matter and I will now do so.
Decision
[7] The dispute was characterised by the applicant as three questions to be determined by Fair Work Australia:
1. Under Clause 22(c) of the Agreement, are employees who elect to attend a medical practitioner of their choosing required to return:
a. pro-forma medical examination form, or
b. acceptable medical form completed by their practitioner.
2. Can the employer alter the pro-forma medical examination form referred to in Clause 22(c) during the term of the Agreement?
3. Does the Agreement make provision for the employer to require employees to sign medical consent forms for the purpose of Mobile Equipment Medicals under Clause 22(c)?
[8] My decision is that the answers to these questions are:
1. Under Clause 22(c) of The Alcoa World Alumina Australia WA Operations AWU Enterprise Agreement 2011 (the Agreement) employees who elect to attend a registered medical practitioner of their choosing are required to return the pro-forma medical examination form they obtained from the employer, which has been completed by their medical practitioner, to the Alcoa Medical Centre.
2. The employer can alter the pro-forma medical examination form.
3. The Agreement does not make provision for the employer to require employees to sign medical consent forms for the purpose of Mobile Equipment Medicals under Clause 22(c).
[9] In due course detailed reasons for this decision will be issued to the parties.
COMMISSIONER
Appearances:
T Hammond of Counsel for the applicant.
W Milward of Heelan & Co Industrial Relations and Management for the respondent.
Hearing details:
2012.
Perth:
December 12, 13.
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