ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application by AWU under dispute resolution procedure in Alcoa World Alumina Australia WA Operations AWU Enterprise Agreement 2014 (Agreement) – dispute concerned entitlement to ‘Walk Time’ for Trade Assistants (TAs) – ‘Walk time’ is a reference to the practise of some Agreement covered employees (including the TAs) being allowed by their Group Leaders to leave their work area (usually their crib room, where employees undertake their toolbox meetings) prior to the scheduled end of their shift in order to walk or drive to the various security gates which control entry and egress to Alcoa’s Pinjarra Refinery – AWU maintained TAs should be released 12 minutes prior to end of shift – Alcoa objected – no provision in Agreement that explicitly permits employees to leave work area prior to scheduled finish time – parties agreed prior to commencement of Agreement TAs were permitted to leave work area six minutes prior to rostered finish time – other employees covered by Agreement have Walk Time of 12 minutes – despite this practise Alcoa asserted entitlement to require employees to remain in their designated work area – AWU maintained recent business restructuring processes, including changes to rosters, increased TAs Walk Time from six to 12 minutes – AWU alleged Alcoa unilaterally varied new arrangements without discharging consultation obligations in clause 21 of Agreement – contrary to Agreement TAs were not treated fairly or equitably as compared to other employees – Alcoa assert the claim TAs are entitled to an additional six minutes’ Walk Time is an ‘extra claim’ in breach of clause 25 of Agreement – Commission held in absence of any reference to Walk Time in Agreement and practise of providing no more than six minutes’ Walk Time for the TAs, a claim for an additional six minutes’ Walk Time is properly characterised as an ‘extra claim’ – application dismissed. Australian Workers’ Union v Alcoa World Alumina Australia
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