| [2018] FWCA 5855 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Tomago Aluminium Company Pty Ltd
(AG2018/2080)
Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2018
| Aluminium industry | |
| Commissioner McKinnon | MELBOURNE, 18 SEPTEMBER 2018 |
Application for approval of the Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Tomago Aluminium Company Pty. Limited – Maintenance / Trades Enterprise Agreement 2018 (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.
Written undertakings have been given in accordance with s.190. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 31 March 2019.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE500167 PR700497>
Annexure A
- AGLC
- Tomago Aluminium Company Pty Ltd [2018] FWCA 5855
- Case
- [2018] FWCA 5855
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement complied with procedural requirements, such as ensuring genuine bargaining and proper notice to employees, and substantive requirements, such as meeting the "better off overall test" (BOOT). This test requires that employees be no worse off financially and at least some employees better off overall under the agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement included appropriate dispute resolution mechanisms.
The Commission found that the agreement had been negotiated in good faith and complied with the procedural requirements of the Act. It was determined that the agreement met the BOOT, as it provided improved conditions for a majority of the employees without any employee being worse off. The agreement also included appropriate dispute resolution processes. Therefore, the Commission approved the Maintenance / Trades Enterprise Agreement 2018.
The Fair Work Commission approved the Maintenance / Trades Enterprise Agreement 2018, finding that it met both procedural and substantive criteria under the Fair Work Act 2009. The agreement was deemed to have been negotiated in good faith, provided for appropriate dispute resolution mechanisms, and satisfied the better off overall test. This approval was effective from the date specified in the agreement and applies to the employees covered by its terms.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.