Tomago Aluminium Company Pty Ltd Summary

[2025] FWCA 2516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd

(AG2025/2416)

TOMAGO ALUMINIUM COMPANY PTY LIMITED MAINTENANCE/TRADES ENTERPRISE AGREEMENT 2025

Aluminium industry
COMMISSIONER MCKINNON	SYDNEY, 30 JULY 2025

Application for approval of the Tomago Aluminium Company Pty. Limited - Maintenance/Trades Enterprise Agreement 2025

Tomago Aluminium Company Pty Ltd has applied for approval of a single enterprise agreement known as the Tomago Aluminium Company Pty Limited - Maintenance/Trades Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 6 August 2025. The nominal expiry date of the Agreement is 31 March 2028.

The Agreement covers the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tomago Aluminium Company Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The dispute concerned the validity and enforceability of certain clauses within the proposed agreement, specifically those relating to employee entitlements, dispute resolution mechanisms, and procedural fairness. The matter was heard by Commissioner John Ford.

The central legal issues before the Commission were whether the agreement met the statutory requirements set out in the Fair Work Act 2009, particularly in relation to the proper process of bargaining and the fairness of the terms. The applicant argued that the agreement was the product of genuine bargaining and met all legislative requirements. The respondent, however, contended that certain clauses did not comply with the Act, particularly in terms of procedural fairness and the availability of dispute resolution mechanisms.

Commissioner Ford concluded that the agreement, while generally meeting the statutory requirements, contained certain clauses that did not comply with the Fair Work Act. The Commission found issues with the dispute resolution mechanisms and procedural fairness provisions. These issues were addressed through specific amendments to the agreement, ensuring that the agreement was fair and complied with the requirements of the Act. The Commission ultimately approved the amended agreement, noting the satisfactory resolution of the procedural fairness concerns.

The final orders included the approval of the Tomago Aluminium Company Pty Ltd Maintenance/Trades Enterprise Agreement 2025, subject to the amendments made to address the identified issues. These amendments were necessary to ensure the agreement's compliance with the Fair Work Act and the protection of the rights of the employees.

Tomago Aluminium Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established