ATCO Structures & Logistics Pty Ltd

Case

[2022] FWCA 3561

13 OCTOBER 2022


[2022] FWCA 3561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ATCO Structures & Logistics Pty Ltd

(AG2022/3968)

ATCO Structures & Logistics Pty Ltd (Victoria) Yard Enterprise Agreement 2021

Manufacturing and associated industries

DEPUTY PRESIDENT BELL

MELBOURNE, 13 OCTOBER 2022

Application for approval of the ATCO Structures & Logistics Pty Ltd (Victoria) Yard Enterprise Agreement 2021.

  1. An application has been made for approval of an enterprise agreement known as the ATCO Structures & Logistics Pty Ltd (Victoria) Yard Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, ATCO Structures & Logistics Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

  1. 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Agreement was approved on 13 October 2022 and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 31 August 2025.


DEPUTY PRESIDENT

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Annexure A

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