Atlas Copco Australia Pty Limited

[2014] FWCA 404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty Limited
(AG2013/12905)

ATLAS COPCO AUSTRALIA PTY LIMITED, O’CONNOR WESTERN AUSTRALIA COLLECTIVE AGREEMENT 2013

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

Application for approval of the Atlas Copco Australia Pty Limited, O’Connor Western Australia Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited, O’Connor Western Australia Collective Agreement 2013 (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] 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] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 January 2014. The nominal expiry date of the Agreement is 1 September 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Atlas Copco Australia Pty Limited applied to the Fair Work Commission for approval of the Atlas Copco Australia Pty Limited, O’Connor Western Australia Collective Agreement 2013. The application was made by the company, as the employer, under section 230 of the Fair Work Act 2009. The applicant sought approval for the agreement as a ‘modified agreement’ under the relevant industrial instrument. The legal issues before the Commission were whether the agreement was a modified agreement and whether it met the requirements of section 230 of the Act. The Commission held that the application for approval was valid and that the agreement was a modified agreement. The applicant satisfied the requirements of section 230 of the Act. The Commission approved the application, finding that the agreement was appropriate for approval. The approval of the agreement was subject to certain conditions, including the provision of written notice to affected employees and the lodging of the approved agreement with the Fair Work Ombudsman.

The Fair Work Commission approved the application for approval of the Atlas Copco Australia Pty Limited, O’Connor Western Australia Collective Agreement 2013, subject to certain conditions. The Commission found that the agreement was a modified agreement and that the applicant had satisfied the requirements of section 230 of the Fair Work Act 2009. The approval of the agreement was subject to the applicant providing written notice to affected employees and lodging the approved agreement with the Fair Work Ombudsman. The decision was made on the basis of the evidence and submissions presented to the Commission, and the Commission's interpretation of the relevant legislation. The applicant was required to comply with the conditions of approval within the specified timeframe. The decision of the Commission was final and binding on the parties.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established