DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ullrich Aluminium Pty Ltd T/A Ulrich Aluminium
(AG2016/6649)

ULLRICH ALUMINIUM KURRI KURRI ENTERPRISE AGREEMENT 2016

Aluminium industry
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ullrich Aluminium Pty Ltd T/As Ullrich Aluminium. The Agreement is a single enterprise agreement.

[2] 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2016. The nominal expiry date of the Agreement is 7 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Ullrich Aluminium Pty Ltd, trading as Ulrich Aluminium, and their employees. The dispute centred around the application for approval of the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2016. The case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The central legal issues before the court were whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner, and whether it complied with the provisions of the Fair Work Act 2009. Specifically, the court had to consider if the agreement met the "better off overall test" and whether it contained provisions that were in the best interests of the employees.

The court examined the terms of the agreement and the submissions made by both parties. It considered the fairness of the wage rates, the provisions for penalty rates, and the overall impact on the employees' conditions. The court also took into account the economic context and the nature of the industry. After thorough deliberation, the court determined that the agreement was fair and reasonable and met the requirements of the Fair Work Act. The court approved the Ullrich Aluminium Kurri Kurri Enterprise Agreement 2016, finding it to be beneficial for the employees.

The court's decision was made based on the comprehensive review of the agreement and the evidence provided. The approval of the enterprise agreement signifies that the terms agreed upon by Ullrich Aluminium Pty Ltd and their employees are deemed fair and in compliance with the relevant legislation. This decision sets a precedent for future negotiations and agreements within the company and the industry.

Ullrich Aluminium Pty Ltd T/A Ulrich Aluminium

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established