ATCO Structures & Logistics Pty Ltd

[2021] FWCA 6182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ATCO Structures & Logistics Pty Ltd

(AG2021/7435)

ATCO StructureS & Logistics Pty Ltd (New South Wales) Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 8 OCTOBER 2021

Application for approval of the ATCO Structures & Logistics Pty Ltd (New South Wales) Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the ATCO Structures & Logistics Pty Ltd (New South Wales) Enterprise Agreement 2021 (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 (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 15 October 2021. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ATCO Structures & Logistics Pty Ltd, sought the approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question was the ATCO Structures & Logistics Pty Ltd (New South Wales) Enterprise Agreement 2021. The applicant's employees, represented by a registered organisation, did not object to the application. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for the employees involved.

The court had to consider several legal issues, primarily whether the agreement provided for fair and reasonable terms and conditions as required by section 235 of the Fair Work Act. This involved examining whether the agreement contained provisions that were not unduly prejudicial to employees, and whether it provided for a safety net of minimum terms and conditions. The court also considered if the agreement allowed for appropriate flexibility and if it was consistent with the objects of the Act, including promoting high levels of employment and avoiding industrial disputes.

In delivering its decision, the court found that the enterprise agreement contained terms and conditions that were fair and reasonable. It noted that the agreement provided for a safety net of minimum terms and conditions, which were not unduly prejudicial to the employees. The court observed that the agreement allowed for flexibility in the workplace and was consistent with the objectives of the Fair Work Act. The court was satisfied that the agreement would not have an adverse effect on the broader labour market or the national system of industrial relations.

The court approved the ATCO Structures & Logistics Pty Ltd (New South Wales) Enterprise Agreement 2021. The approval was made effective from the date of the court's decision, ensuring that the terms and conditions set out in the agreement would apply to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established