Weston Aluminium (Manufacturing) Pty Ltd

[2013] FWCA 1538

FAIR WORK COMMISSION

DECISION

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

Weston Aluminium (Manufacturing) Pty Ltd
(AG2013/480)

WESTON ALUMINIUM ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 13 MARCH 2013

Application for approval of the Weston Aluminium Enterprise Agreement 2013.

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

[2] The company has provided a written undertaking in relation to the notice to be provided to employees upon termination. Each of the employee bargaining representatives, including The Australian Workers’ Union (AWU), has provided written support for the undertaking.

[3] I am satisfied the undertaking meets my concern. In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The AWU 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 20 March 2013. The nominal expiry date is 20 February 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Weston Aluminium (Manufacturing) Pty Ltd, which sought approval for the Weston Aluminium Enterprise Agreement 2013. The application was made under the Fair Work Act 2009, which governs the process for approving enterprise agreements that set out terms and conditions of employment. The applicant aimed to have the agreement registered to legally bind all parties involved. The legal issues central to the case were whether the agreement met the statutory requirements for approval, including whether it was fairly and genuinely negotiated, and whether it complied with the various provisions of the Fair Work Act.

The court examined the negotiation process and the content of the agreement to determine if it was fairly and genuinely negotiated. It considered whether the parties had engaged in genuine negotiations, whether the agreement was free from any coercion or undue influence, and if it provided for minimum entitlements as prescribed by the Act. Additionally, the court assessed if the agreement adhered to the Act’s provisions, including whether it contained terms that were not expressly prohibited by the legislation. The court also looked at whether the agreement met the criteria for being a "better off overall test" for the employees involved.

After a thorough review, the court found that the agreement was fairly and genuinely negotiated and met all the statutory requirements for approval. The court was satisfied that the negotiation process was robust and free from any undue influence, and that the agreement provided for the minimum entitlements as stipulated by the Act. The court also confirmed that the agreement contained terms that were not expressly prohibited and that it was in the best interest of the employees. Consequently, the court granted the application for approval of the Weston Aluminium Enterprise Agreement 2013, registering it under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established