DECISION

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

ATCO Structures and Logistics Pty Ltd
(AG2018/5774)

ATCO STRUCTURES & LOGISTICS PTY LTD (VICTORIA) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 MAY 2019

Application for approval of the ATCO Structures & Logistics Pty Ltd (Victoria) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ATCO Structures & Logistics Pty Ltd (Victoria) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATCO Structures & Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 1 May 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ATCO Structures and Logistics Pty Ltd, a company in the logistics and construction industry, sought approval of the ATCO Structures & Logistics Pty Ltd (Victoria) Enterprise Agreement 2017 in the Fair Work Commission. The application involved a range of employment terms and conditions, including wages, working hours, leave entitlements, and other benefits for employees covered by the agreement. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the "better off overall test" as required by section 234 of the Fair Work Act and whether it contained all the necessary provisions as stipulated by section 230 of the Act. Additionally, the Commission needed to determine whether the agreement had been genuinely agreed upon by the relevant parties, as required by section 228 of the Act.

The Commission found that the agreement met the better off overall test, as it provided for fair and reasonable terms that were better than the applicable awards and minimum standards. The Commission also determined that all necessary provisions were included in the agreement, such as provisions for wages, working hours, leave entitlements, and dispute resolution mechanisms. Furthermore, the Commission was satisfied that the agreement had been genuinely agreed upon by the relevant parties, as evidenced by the consultation and negotiation process. Based on these findings, the Commission approved the ATCO Structures & Logistics Pty Ltd (Victoria) Enterprise Agreement 2017.

The Fair Work Commission approved the ATCO Structures & Logistics Pty Ltd (Victoria) Enterprise Agreement 2017, confirming its compliance with the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions, met the better off overall test, contained all necessary provisions, and had been genuinely agreed upon by the relevant parties. This decision ensures that employees in the logistics and construction industry covered by the agreement will benefit from the agreed-upon terms and conditions.

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