Atlas Copco Australia Pty Limited Summary

[2014] FWCA 4758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Atlas Copco Australia Pty Limited
(AG2014/6697)

ATLAS COPCO AUSTRALIA PTY LIMITED (QUEENSLAND) COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JULY 2014

Application for approval of the Atlas Copco Australia Pty Limited (Queensland) Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited (Queensland) Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Atlas Copco Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] In my view, the Consultation provision in clause 22 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2014. The nominal expiry date of the Agreement is 15 August 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission was asked to approve the Atlas Copco Australia Pty Limited (Queensland) Collective Agreement 2014. The application for approval was made by Atlas Copco Australia Pty Limited, and the respondent was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was primarily around the terms and conditions of employment as outlined in the collective agreement between the employer and the union.

The legal issues before the court centred on whether the collective agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the provisions regarding the good faith bargaining process, the proper representation of employees, and whether the terms of the agreement were fair and reasonable. The court also had to consider whether the agreement met the criteria for being a genuinely negotiated agreement between the parties.

In its reasoning, the court found that the agreement had been negotiated in good faith and was a genuine result of the bargaining process. The court considered the evidence of the negotiation process and the representative nature of the union. It also examined the terms of the agreement to assess their fairness and reasonableness. The court concluded that the agreement met all the statutory requirements and approved the Atlas Copco Australia Pty Limited (Queensland) Collective Agreement 2014. The court's decision was based on the comprehensive evidence presented and the compliance of the agreement with the relevant legislative provisions.

Atlas Copco Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established