ATCO Structures & Logistics Pty Ltd Summary

[2016] FWCA 439 [Note: a correction has been issued to this document]

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
ATCO Structures & Logistics Pty Ltd
(AG2015/7852)
ATCO STRUCTURES AND LOGISTICS PTY LTD CURTIS
ISLANDPROJECT ENTERPRISE AGREEMENT 2015
Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2016

Application for approval of the ATCO Structures and Logistics Pty Ltd Curtis Island Project

Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

ATCO Structures and Logistics Pty Ltd Curtis Island Project Enterprise Agreement 2015 (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 as are relevant to

this application for approval have been met.

[3] It is also noted as a point of clarification, that while Clause 2 of the Agreement

indicates that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries

Union” known as the Australian Manufacturing Workers’ Union (AMWU), the

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied

Services Union of Australia and The Australian Workers’ Union were bargaining

representatives for the Agreement, this is incorrect as the three Unions were not actually

bargaining representatives.
[2016] FWCA 439

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

29 January 2016. The nominal expiry date of the Agreement is 21 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of ATCO Structures & Logistics Pty Ltd involves an application for the approval of the ATCO Structures and Logistics Pty Ltd Curtis Island Project Enterprise Agreement 2015. The applicant, ATCO Structures & Logistics Pty Ltd, sought approval of the agreement under section 185 of the Fair Work Act 2009. The agreement, which is a single enterprise agreement, was to be considered by Commissioner Gregory.

The legal issues before the court centred on whether the application met the requirements set out in sections 186, 187, and 188 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was properly negotiated and if the process was fair and appropriate. Additionally, the court needed to verify the accuracy of the statement that three unions were bargaining representatives for the agreement.

Commissioner Gregory found that the application satisfied all the relevant requirements for approval. The court noted that while the agreement stated that three unions were bargaining representatives, this was incorrect as those unions did not actually participate in the negotiation of the agreement. Despite this error, the court approved the agreement, effective from 29 January 2016, until its nominal expiry date of 21 January 2021.

ATCO Structures & Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established