DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd
(AG2016/6673)

TOMAGO ALUMINIUM COMPANY PTY LIMITED - AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2016

Aluminium industry
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Tomago Aluminium Company Pty Limited - Australian Workers’ Union Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tomago Aluminium Company Pty Limited - Australian Workers’ Union 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tomago Aluminium Company Pty Ltd was a party in an application before the Fair Work Commission, seeking approval for an enterprise agreement. The Australian Workers’ Union was the other party involved in this matter. The dispute centred around the proposed terms and conditions for employees within the aluminium manufacturing sector. The nature of the disagreement was primarily about the proposed changes in the enterprise agreement, which the union and the company had negotiated but required regulatory approval to be legally binding.

The legal issues that the Commission had to address were numerous. They included whether the agreement complied with the requirements set forth in the Fair Work Act 2009, particularly regarding the provisions on bargaining, coverage, and the protection of employee rights. Another critical issue was whether the agreement had been made in good faith and if it contained provisions that were contrary to public policy or contrary to the general principles of the safety net. The Commission also needed to ensure that the agreement did not unfairly discriminate against certain classes of employees.

The Commission, after reviewing the submissions and evidence from both parties, concluded that the agreement did comply with the statutory requirements. The Commission found that the agreement was made in good faith and did not contain provisions that were contrary to public policy. The Commission also determined that the agreement did not unfairly discriminate against any class of employees. The proposed changes, while significant, were deemed to be reasonable and necessary for the operational efficiency of the company, and thus, the agreement was approved. The decision was made on the basis that the agreement provided fair and reasonable terms and conditions for the employees while balancing the needs of the employer.

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