Tomago Aluminium Company Pty Ltd Summary

[2013] FWCA 5532

FAIR WORK COMMISSION

DECISION

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

Tomago Aluminium Company Pty Ltd
(AG2013/2001)

TOMAGO ALUMINIUM COMPANY PTY. LIMITED - MAINTENANCE/TRADES ENTERPRISE AGREEMENT 2013

Aluminium industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 AUGUST 2013

Application for approval of the Tomago Aluminium Company Pty. Limited - Maintenance/Trades Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tomago Aluminium Company Pty. Limited - Maintenance/Trades Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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.

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

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 August 2013. The nominal expiry date of the Agreement is 31 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tomago Aluminium Company Pty Ltd was the subject of an application for the approval of the Maintenance/Trades Enterprise Agreement 2013 before the Fair Work Commission. The dispute revolved around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including ensuring it met the "better off overall test" and the "no-disadvantage test." The company sought to amend its existing enterprise agreement, which was due for renewal.

The legal issues before the Commission involved assessing whether the proposed agreement provided employees with a fair and reasonable outcome in comparison to the existing agreement, and whether it ensured no employee was worse off as a result of the new terms. The Commission also needed to determine if the agreement adhered to the procedural requirements set out in the Fair Work Act. The fairness and procedural correctness of the agreement were pivotal to the case.

The Commission concluded that the proposed agreement did indeed meet the "better off overall test" and the "no-disadvantage test." It found that the new agreement provided employees with a fair and reasonable outcome compared to the existing terms, and that no employee would be worse off. Additionally, the Commission determined that the agreement complied with the procedural requirements of the Fair Work Act, including adequate consultation and the provision of relevant information to the employees. Consequently, the Commission approved the Maintenance/Trades Enterprise Agreement 2013.

Tomago Aluminium Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established