Tomago Aluminium Company Pty Ltd T/A Tomago Aluminium

[2021] FWCA 6392

[2021] FWCA 6392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd T/A Tomago Aluminium
(AG2021/7432)

THE TOMAGO ALUMINIUM COMPANY PTY LIMITED -MAINTENANCE/TRADES ENTERPRISE AGREEMENT 2021

Aluminium industry
COMMISSIONER P RYAN	SYDNEY, 22 OCTOBER 2021

Application for approval of the Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2021

[1] Tomago Aluminium Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Tomago Aluminium Company Pty Limited – Maintenance/Trades Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The application identified the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (the AMWU), and the Communication Energy Plumbing Union (the CEPU) as union bargaining representatives.

Section 586 – Incorrect version of Agreement filed

[3] On 8 October 2021, and in response to issues raised by the Commission, the Employer advised my chambers that the copy of the Agreement filed as part of the application was an earlier draft and not the correct version of the Agreement that was made in accordance with s.182 (1) of the Act. The Employer attached to that correspondence what it submitted was the correct version of the Agreement.

[4] In filing the correct version of the Agreement, the Employer submitted:

•  the correct version of the Agreement was provided to the employees in accordance with s.180 (2) of the Act;

•  the only differences between the correct version of the Agreement and the earlier version filed were grammatical and formatting changes; and

•  that the Commission should exercise its discretion pursuant to s.586 of the Act to amend the application to include the correct version of the Agreement filed on 8 October 2021.

[5] Upon receipt of that correspondence and submission from the Employer, my chambers wrote to the AMWU and CEPU inviting any submissions in response.

[6] On 14 October 2021, the CEPU filed correspondence confirming:

•  The version of the Agreement filed on 8 October 2021 was the version provided to the employees during the access period, the version displayed on the Employer’s intranet page during the access period and the version voted on by the employees on 3 September 2021; and

•  It supports the Employer’s application to amend the version of the Agreement filed as part of the application by substituting it with the version of the Agreement filed on 8 October 2021.

[7] On 15 October 2021, the AMWU filed correspondence confirming:

•  The version of the Agreement filed on 8 October 2021 was the version provided to the employees during the access period and the version voted on by the employees; and

•  It consents to the Employer’s application to amend the version of the Agreement filed as part of the application by substituting it with the version of the Agreement filed on 8 October 2021.

[8] In accordance with s.586 of the Act, I consider it appropriate in the circumstances to allow an amendment of the application by substituting the version of the Agreement filed as part of the application by substituting it with the version of the Agreement filed on 8 October 2021.

Section 190 Undertakings

[9] The Employer provided written undertakings. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

[10] 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.

Section 183 Bargaining representatives

[11] The AMWU and the CEPU each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[12] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and the CEPU.

Approval

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2021. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

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