Tomago Aluminium Company Pty Ltd

[2016] FWCA 8395

[2016] FWCA 8395

FAIR WORK COMMISSION

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

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Annexure A