| [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)
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.
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.
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.
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.
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- AGLC
- ATCO Structures & Logistics Pty Ltd [2024] FWCA 2519
- Case
- [2024] FWCA 2519
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Act, including those concerning the avoidance of undue hardship and the protection of employee interests. The court also needed to assess whether the agreement had been made in good faith and whether it contained appropriate dispute resolution processes.
The court examined the provisions of the enterprise agreement, including those relating to wages, hours of work, leave, and dispute resolution mechanisms. After considering the submissions and evidence from both parties, the court determined that the agreement provided for fair and reasonable terms and conditions of employment. The court found that the agreement did not cause undue hardship to the employer and adequately protected the interests of the employees. The court also concluded that the agreement had been made in good faith and included appropriate dispute resolution processes. Therefore, the court approved the enterprise agreement under the Fair Work Act.
The court's final order was that the ATCO Structures & Logistics Pty Ltd Enterprise Agreement 2024 (Western Australia) be approved in accordance with section 234 of the Fair Work Act 2009. This decision ensures that the agreement will be legally binding on the parties and will govern the employment terms and conditions for the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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