DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty Limited
(AG2019/456)

ATLAS COPCO AUSTRALIA PTY. LIMITED (NSW) COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 7 MAY 2019

Application for approval of the Atlas Copco Australia Pty. Limited (NSW) Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty. Limited (NSW) Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Atlas Copco Australia Pty Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] The model dispute resolution term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Atlas Copco Australia Pty Limited was the subject of an application for the approval of a collective agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission by the applicant, Atlas Copco, seeking the approval of the Atlas Copco Australia Pty. Limited (NSW) Collective Agreement 2018. The dispute centred on whether the agreement complied with the legislative requirements and whether it was in the best interests of the employees and employers.

The legal issues that the Fair Work Commission needed to address included whether the agreement had been made in good faith and whether it provided for the fair and equitable treatment of employees. The Commission also had to determine if the agreement met the criteria for approval under the Fair Work Act, including whether it contained terms that were reasonably necessary to facilitate the efficient operation of the business. Additionally, the Commission considered the impact of the agreement on the employees' working conditions and the balance of bargaining power between the employer and the employees.

In its decision, the Fair Work Commission found that the agreement was made in good faith and provided for the fair and equitable treatment of employees. The Commission determined that the agreement contained terms that were reasonably necessary for the efficient operation of Atlas Copco's business. Furthermore, the Commission was satisfied that the agreement did not unjustifiably harm the employees and was in the best interests of both the employer and the employees. Consequently, the Commission approved the collective agreement, finding it to be compliant with the requirements of the Fair Work Act.

The Fair Work Commission approved the Atlas Copco Australia Pty. Limited (NSW) Collective Agreement 2018. The Commission's decision was based on its finding that the agreement was made in good faith, provided for fair and equitable treatment of employees, and contained terms reasonably necessary for the efficient operation of Atlas Copco's business. The approval ensures that the agreement meets the legislative criteria and is in the best interests of both the employer and the employees.

Atlas Copco Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established