Tomago Aluminium Company Pty Ltd Summary

[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

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).

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tomago Aluminium Company Pty Ltd sought approval for an enterprise agreement from the Fair Work Commission. The Australian Workers’ Union was involved in the dispute, which related to the proposed conditions of employment under the new agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it facilitated the improvement of the economic, productivity, and employment conditions of the employees.

The legal issues before the Commission included whether the agreement provided for the expeditious and fair resolution of disputes, whether it ensured appropriate flexibility in the workforce, and whether it promoted workplace harmony and productivity. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it adhered to the provisions of the Fair Work Act 2009.

The Commission found that the agreement met all the necessary criteria for approval. The agreement provided for efficient and fair dispute resolution mechanisms, ensured sufficient flexibility in the workforce, and promoted workplace harmony and productivity. The Commission was satisfied that the agreement was made in good faith and complied with the requirements of the Act. Consequently, the Commission approved the Tomago Aluminium Company Pty Limited – Australian Workers’ Union Enterprise Agreement 2023.

The final orders of the Commission were that the enterprise agreement be approved, and the approval was to take effect from a specified date. The Commission also directed that the agreement be registered with the Fair Work Commission and that copies be provided to the parties involved in the agreement.

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