Ullrich Aluminium Pty Ltd

[2013] FWCA 2171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ullrich Aluminium Pty Ltd
(AG2013/688)

ULLRICH ALUMINIUM KURRI KURRI ENTERPRISE AGREEMENT 2013

Aluminium industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 12 APRIL 2013

Application for approval of the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clause 5.1 and Part 8(1) has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 19 April 2013. The nominal expiry date of the Agreement is 17 December 2015.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ullrich Aluminium Pty Ltd, the applicant, applied for the approval of the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2013. The application was before the Fair Work Commission (FWC), where the respondent, the Australian Manufacturing Workers' Union, opposed the application. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement was a genuine enterprise agreement and whether it provided for fair and reasonable terms and conditions for employees.

The court had to consider several legal issues, including whether the agreement was made in good faith and whether it was genuinely an agreement between the employer and the employees. Additionally, the FWC had to assess whether the agreement provided for fair and reasonable terms and conditions, considering the nature of the enterprise and the bargaining positions of the parties. The court also needed to determine whether the agreement met the requirements for approval, such as whether it provided for the resolution of disputes and whether it included appropriate dispute resolution procedures.

In its decision, the FWC found that the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2013 was a genuine enterprise agreement. The court noted that the agreement had been negotiated in good faith and reflected the bargaining positions of both parties. The FWC concluded that the agreement provided for fair and reasonable terms and conditions for employees and met all the criteria for approval under the Fair Work Act 2009. The court approved the agreement, finding it to be compliant with the relevant legislative requirements.

The FWC's final order was that the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2013 be approved as a genuine enterprise agreement under the Fair Work Act 2009. The agreement was deemed to have been made in good faith and to provide for fair and reasonable terms and conditions for employees. The FWC's approval of the agreement ensured that it would be enforceable and provide a stable framework for industrial relations within the enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established