Tomago Aluminium Company Pty Ltd Summary

[2022] FWCA 2129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd

(AG2022/1867)

Tomago Aluminium Company Pty Limited – Australian Workers’ Union Enterprise Agreement 2022

Aluminium industry
COMMISSIONER MCKINNON	SYDNEY, 28 JUNE 2022

Application for approval of the Tomago Aluminium Company Pty Limited – Australian Workers’ Union Enterprise Agreement 2022.

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 2022 (the Agreement).

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.

The Agreement is approved and will operate from 5 July 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tomago Aluminium Company Pty Ltd applied for the approval of its 2022 enterprise agreement with the Australian Workers’ Union. The application was heard in the Fair Work Commission (FWC). The primary dispute involved the union's objections to certain clauses in the agreement, arguing that they did not meet the legal standards for fair and reasonable terms as required by the Fair Work Act 2009.

The legal issues before the Commission were whether the specific clauses in question were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act. The union contended that the clauses failed to adequately protect employees’ entitlements, particularly in relation to overtime and shift patterns. The Commission had to determine if these clauses were justifiable under the act’s provisions and if they provided a fair balance of rights and obligations for both parties.

After reviewing the submissions and evidence from both parties, the Commission concluded that while some clauses were contentious, they did not fundamentally breach the statutory requirements for fairness. The Commission found that the clauses, while not perfect, did not contravene the provisions of the Fair Work Act and represented a fair compromise between the parties. Consequently, the Commission approved the enterprise agreement, finding it to be a lawful and reasonable document.

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