DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd
(AG2017/1222)

TOMAGO ALUMINIUM COMPANY PTY. LIMITED – MAINTENANCE / TRADES ENTERPRISE AGREEMENT 2016

Aluminium industry
COMMISSIONER ROE	MELBOURNE, 5 MAY 2017

Application for approval of the Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tomago Aluminium Company Pty. Limited – Maintenance / Trades Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tomago Aluminium Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Tomago Aluminium Company Pty Ltd, a company operating in the aluminium industry, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the approval of the Tomago Aluminium Company Pty Ltd - Maintenance/Trades Enterprise Agreement 2016. The AMWU argued that the proposed agreement did not adequately address certain terms and conditions of employment, particularly those relating to shift patterns and penalty rates.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions. The AMWU contended that the proposed agreement failed to ensure that employees received appropriate shift allowances and penalty rates. The company, on the other hand, argued that the agreement was fair and reasonable and met all statutory requirements.

The Commission considered the arguments presented by both parties and examined the proposed agreement in detail. It found that the agreement was comprehensive and contained provisions that addressed the concerns raised by the AMWU. The Commission concluded that the agreement was fair and reasonable and met the statutory requirements for approval. The proposed agreement was subsequently approved, ensuring that the terms and conditions of employment for the workers at Tomago Aluminium Company Pty Ltd would be governed by the agreed terms.

Tomago Aluminium Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established