Tomago Aluminium Company Pty Limited

[2019] FWCA 4923

[2019] FWCA 4923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomago Aluminium Company Pty Limited
(AG2019/1311)

TOMAGO ALUMINIUM COMPANY PTY. LIMITED - MAINTENANCE / TRADES ENTERPRISE AGREEMENT 2019.

Aluminium industry
COMMISSIONER PLATT	ADELAIDE, 16 JULY 2019

Application for approval of the Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tomago Aluminium Company Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 June 2019.

[3] On 1 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 8 July 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Clause 5.8.1.1 (3) and clause 11.4.2.(2)(e) of the Agreement will have no effect.

•  Clause 3.1.3 (3) is deleted and replaced with a clause which provides that employee may be dismissed without notice by reason of serious misconduct as defined in Regulation 1.07 of the Fair Work Regulations 2009.

•  The reference to “paternity leave” in clause 11.1 of the Agreement is deleted.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The “‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU)”, being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 March 2020.

COMMISSIONER

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