DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weston Aluminium (Manufacturing) Pty Ltd
(AG2019/730)

WESTON ALUMINIUM ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 17 JULY 2019

Application for approval of the Weston Aluminium Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Weston Aluminium Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Weston Aluminium (Manufacturing) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 13.10 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.3(e) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union (AWU) 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.

[6] The Agreement was approved on 17 July 2019 and, in accordance with s.54, will operate from 24 July 2019. The nominal expiry date of the Agreement is 21 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Weston Aluminium (Manufacturing) Pty Ltd and its employees, with the primary issue being the application for approval of the Weston Aluminium Enterprise Agreement 2019. The application was brought forth to ascertain whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The employees, represented by their union, contested certain aspects of the agreement, raising questions about its fairness and compliance with relevant employment laws.

The central legal issues the court needed to address included the agreement's adherence to the "better off overall test" stipulated in the Fair Work Act, ensuring that employees were not worse off financially or in terms of conditions compared to their previous arrangements. Additionally, the court examined whether the agreement appropriately balanced the interests of both the employer and the employees, including provisions related to wages, hours of work, and other employment terms. The court also considered whether the agreement had been negotiated in good faith and if it provided for appropriate mechanisms for dispute resolution.

In deliberating on these issues, the Fair Work Commission assessed the evidence provided by both parties, including expert testimony and submissions. The court found that the agreement met the "better off overall test" and adequately balanced the interests of both parties. The Commission determined that the agreement was negotiated in good faith and provided suitable mechanisms for resolving disputes. Consequently, the court approved the Weston Aluminium Enterprise Agreement 2019, finding it to be fair and compliant with the requirements of the Fair Work Act. The approval was granted, allowing the agreement to be implemented between the employer and the employees.

Weston Aluminium (Manufacturing) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established