DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATCO Structures & Logistics Pty Ltd
(AG2017/2521)

ATCO STRUCTURES AND LOGISTICS PTY LTD PILBARA REGION ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 16 AUGUST 2017

Application for approval of the ATCO Structures and Logistics Pty Ltd Pilbara Region Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ATCO Structures and Logistics Pty Ltd Pilbara Region 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] 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2017. The nominal expiry date of the Agreement is 15 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in ATCO Structures & Logistics Pty Ltd involved an application for approval of the ATCO Structures and Logistics Pty Ltd Pilbara Region Enterprise Agreement 2017. The applicant, ATCO, sought approval from the Fair Work Commission under section 233 of the Fair Work Act 2009. The dispute arose from negotiations between ATCO and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) over the terms of the enterprise agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the mandatory provisions required by the Act, if it was made in good faith, and if it provided a safety net for employees. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it was made without coercion, harassment or repudiation.

In examining the proposed agreement, the Commission noted that it included all the mandatory provisions required by the Act and was made in good faith. The Commission found that the agreement provided a safety net for employees and was in their best interests, as it offered fair and reasonable terms. The Commission also determined that the agreement was made without coercion, harassment or repudiation. Based on these findings, the Commission approved the ATCO Structures and Logistics Pty Ltd Pilbara Region Enterprise Agreement 2017.

The Fair Work Commission approved the ATCO Structures and Logistics Pty Ltd Pilbara Region Enterprise Agreement 2017, effective from 1 January 2018. The Commission found that the agreement met the necessary criteria for approval under the Fair Work Act, including the inclusion of all mandatory provisions, good faith negotiation, and provision of a safety net for employees. The Commission also determined that the agreement was in the best interests of the employees and was made without coercion, harassment or repudiation.

ATCO Structures & 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