DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd
(AG2019/4722)

TOMAGO ALUMINIUM COMPANY PTY LIMITED – AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2020

Aluminium industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 JANUARY 2020

Application for approval of the Tomago Aluminium Company Pty Limited - Australian Workers’ Union Enterprise Agreement 2020.

[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 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union NSW Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 January 2020. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Tomago Aluminium Company Pty Ltd for approval of the Tomago Aluminium Company Pty Limited - Australian Workers’ Union Enterprise Agreement 2020. This agreement sought to establish the terms and conditions of employment for employees at the Tomago Aluminium facility in New South Wales. The Australian Workers’ Union contested certain aspects of the agreement, arguing that it did not meet the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the procedural and substantive requirements under the Act, including whether it had been appropriately negotiated and if it met the "better off overall test." The Commission needed to determine if the agreement was fairly and genuinely negotiated, and whether it provided employees with a better overall package of terms and conditions than the applicable award or previous agreement.

The Fair Work Commission found that the Tomago Aluminium Company Pty Ltd - Australian Workers’ Union Enterprise Agreement 2020 had been fairly and genuinely negotiated, as it met the statutory requirements outlined in the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith and that the process was not tainted by any procedural irregularities. The Commission also concluded that the agreement met the "better off overall test," as it provided employees with improved terms and conditions compared to the applicable award or previous agreement. Consequently, the application for approval was successful.

The Fair Work Commission approved the Tomago Aluminium Company Pty Ltd - Australian Workers’ Union Enterprise Agreement 2020, effective from the date of the decision. This decision ensures that the terms and conditions of employment for employees at the Tomago Aluminium facility are governed by the agreed-upon enterprise agreement, providing a stable and predictable industrial environment for both the employer and the employees.

Tomago Aluminium Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established