Tomago Aluminium Company Pty Ltd

Case

[2023] FWCA 1837

22 JUNE 2023


[2023] FWCA 1837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd

(AG2023/1415)

TOMAGO ALUMINIUM COMPANY PTY LIMITED – AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2023

Aluminium industry

COMMISSIONER MCKINNON

SYDNEY, 22 JUNE 2023

Application for approval of the Tomago Aluminium Company Pty Limited – Australian Workers’ Union Enterprise Agreement 2023

  1. Tomago Aluminium Company Pty Ltd has applied for approval of a single enterprise agreement known as the Tomago Aluminium Company Pty Limited – Australian Workers’ Union Enterprise Agreement 2023 (the Agreement).

  1. The Australian Workers’ Union supports approval of the Agreement, subject to what it proposes as an undertaking in relation to the rate of pay for annual leave. The difficulty is that the undertaking would not meet a relevant concern about whether the Agreement can be approved. I do not have any such concern. In those circumstances, even if the employer gave the proposed undertaking, I could not accept it.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 29 June 2023. The nominal expiry date of the Agreement is 31 December 2024. The Agreement covers the Australian Workers’ Union.

COMMISSIONER

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