DECISION

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

ATCO Structures and Logistics Pty Ltd
(AG2021/6746)

ATCO STRUCTURES AND LOGISTICS PTY LTD PILBARA REGION ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 SEPTEMBER 2021

Application for approval of the ATCO Structures and Logistics Pty Ltd Pilbara Region Enterprise Agreement 2021.

[1] ATCO Structures and Logistics Pty Ltd has made an application for the approval of an enterprise agreement known as the ATCO Structures and Logistics Pty Ltd Pilbara Region Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 8 September 2021 and, in accordance with s 54, will operate from 15 September 2021. The nominal expiry date of the Agreement is 8 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ATCO Structures and Logistics Pty Ltd sought approval of the Pilbara Region Enterprise Agreement 2021 from the Fair Work Commission. The applicants argued that the agreement met the requirements of the Fair Work Act 2009. The dispute arose over certain provisions in the agreement, specifically those concerning pay rates and conditions for employees in the Pilbara region.

The legal issues before the court were whether the agreement complied with the Fair Work Act, and whether the provisions were consistent with the principles of enterprise bargaining. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about certain pay rates and conditions, particularly those for lower-paid employees. The court had to determine whether the agreement met the requirements of the Act and whether it was consistent with the principles of good faith bargaining.

The Fair Work Commission held that the agreement met the requirements of the Fair Work Act. The Commission found that the agreement was consistent with the principles of good faith bargaining and was fair and reasonable. The Commission noted that the agreement provided for pay rates and conditions that were no less favourable than those provided for in the relevant award, and that the provisions were consistent with the principles of enterprise bargaining. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employee rights.

The Commission approved the ATCO Structures and Logistics Pty Ltd Pilbara Region Enterprise Agreement 2021. The agreement was approved as a transitional agreement, which means that it will remain in effect until a new agreement is negotiated or until it is terminated by the Fair Work Commission. The approval of the agreement is an important step in ensuring that employees in the Pilbara region have access to fair and reasonable pay rates and conditions of employment.

ATCO Structures and Logistics 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