Tomago Aluminium Company Pty Ltd

[2018] FWCA 4190

[2018] FWCA 4190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd
(AG2018/1018)

TOMAGO ALUMINIUM COMPANY PTY LIMITED - AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2018

Aluminium industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2018

Application for approval of the Tomago Aluminium Company Pty Limited - Australian Workers’ Union Enterprise Agreement 2018.

[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 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.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 17 July 2018 and, in accordance with s.54, will operate from 24 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

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