ATCO Structures & Logistics Pty Ltd

Case

[2024] FWCA 2519

8 JULY 2024


[2024] FWCA 2519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ATCO Structures & Logistics Pty Ltd

(AG2024/2373)

ATCO STRUCTURES & LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2024 (WESTERN AUSTRALIA)

Manufacturing and associated industries

COMMISSIONER SCHNEIDER

PERTH, 8 JULY 2024

Application for approval of the ATCO Structures & Logistics Pty Ltd Enterprise Agreement 2024 (Western Australia)

  1. ATCO Structures & Logistics Pty Ltd has made an application for the approval of an enterprise agreement known as the ATCO Structures & Logistics Pty Ltd Enterprise Agreement 2024 (Western Australia) (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

  1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under section 173(2) was 3 May 2024 and the Agreement was made on 15 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 July 2024. The nominal expiry date of the Agreement is 8 July 2028.


COMMISSIONER

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