Tomago Aluminium Company Pty Ltd

[2021] FWCA 329

[2021] FWCA 329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd
(AG2020/4082)

TOMAGO ALUMINIUM COMPANY PTY LIMITED – AUSTRALIAN WORKERS' UNION ENTERPRISE AGREEMENT 2021

Aluminium industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2021

Application for approval of the Tomago Aluminium Company Pty Limited – Australian Workers' Union Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Tomago Aluminium Company Pty Limited – Australian Workers’ Union Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tomago Aluminium Company Pty Ltd. 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 6.1 – Annual Leave

•  Clause 6.2.4 – Carer’s Leave

However, noting clause 1.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2021. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510173  PR726372>