Tomago Aluminium Company Pty Ltd
[2023] FWCA 2162
•13 JULY 2023
| [2023] FWCA 2162 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tomago Aluminium Company Pty Ltd
(AG2023/2074)
TOMAGO ALUMINIUM COMPANY PTY. LIMITED - MAINTENANCE / TRADES ENTERPRISE AGREEMENT 2023
| Aluminium industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 13 JULY 2023 |
Application for approval of the Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tomago Aluminium Company Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Coverage of employee organisations
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Compliance with legislative instruments
There were issues raised by the Commission (on behalf of the CEPU and the AMWU) with the Employer in relation to clauses 10.6.2 and 10.7(1)(d) of the Agreement in respect of their compliance with the NES and the Long Service Leave Act 1955 (NSW). Having regard to the submissions of the Employer provided on 12 July 2023, I am satisfied that these clauses do not give rise to any concerns in relation to the approval of the Agreement (especially noting Clause 1.6 of the Agreement).
Conclusion
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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2023. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
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