THOMAS & COFFEY LIMITED (HYDRO ALUMINIUM SMELTER) POT REBUILD SITE AGREEMENT 2009

[2009] FWA 109

[2009] FWA 109

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

THOMAS & COFFEY LIMITED (HYDRO ALUMINIUM SMELTER) POT REBUILD SITE AGREEMENT 2009
(AG2009/431)

Aluminium industry
COMMISSIONER LARKIN	SYDNEY, 20 AUGUST 2009

Thomas & Coffey Limited (Hydro Aluminium Smelter) Pot Rebuild Site Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Coffey Limited (Hydro Aluminium Smelter) Pot Rebuild Site Agreement 2009 (the Agreement). The Agreement is a single enterprise greenfields agreement. It has been made by Thomas & Coffey Limited and three employee organisations namely the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve this agreement I have taken into account the provisions of Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] I have considered the matters contained in the employer declaration and each declaration made on behalf of the three employee organisations which will be covered by the Agreement.

[4] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act I am satisfied that the employee organisations, taken as a group, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2009. The nominal expiry date is 1 August 2012.

COMMISSIONER

Hearing details:

2009.

Sydney, in Chambers:

August, 20.

 1   Item 2, Part 1, Schedule 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

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