DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty Limited
(AG2016/7224)

ATLAS COPCO AUSTRALIA PTY LIMITED (BURNIE) WORKPLACE AGREEMENT 2016

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Atlas Copco Australia Pty Limited (Burnie) Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited (Burnie) Workplace Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atlas Copco Australia Pty Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 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 13 January 2017. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Atlas Copco Australia Pty Limited for approval of a workplace agreement, specifically the Atlas Copco Australia Pty Limited (Burnie) Workplace Agreement 2016. The Fair Work Commission, as the relevant authority, was tasked with assessing the agreement's compliance with the Fair Work Act 2009 and ensuring it met the criteria for approval. The application for approval was brought before the Fair Work Commission, which had to determine if the agreement was in the interests of the employees and if it adhered to the legislative requirements.

The primary legal issues the Commission had to address were whether the agreement provided for fair terms and conditions of employment, if it allowed for the protection of employees' rights and interests, and whether it complied with the statutory obligations under the Fair Work Act 2009. The Commission also needed to consider if the agreement was made in good faith and if it allowed for adequate dispute resolution mechanisms.

In making its decision, the Commission carefully reviewed the terms of the agreement, considering submissions from both Atlas Copco Australia Pty Limited and the employees' representatives. The Commission found that the agreement was fair and balanced, providing for appropriate terms and conditions that met the statutory requirements. The agreement was deemed to be made in good faith and included effective dispute resolution mechanisms. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly. The final order was that the Atlas Copco Australia Pty Limited (Burnie) Workplace Agreement 2016 be approved as per the terms set out in the decision.

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