DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty Limited T/A Atlas Copco Compressor Technique (A Division of Atlas Copco Australia Pty Limited)
(AG2018/1490)

ATLAS COPCO AUSTRALIA PTY. LIMITED (VICTORIA) COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JULY 2018

Application for approval of the Atlas Copco Australia Pty. Limited (Victoria) Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty. Limited (Victoria) Collective Agreement 2017 (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 T/A Atlas Copco Compressor Technique (A Division of Atlas Copco Australia Pty Limited) The Agreement is a single enterprise agreement.

[2] The Employer 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 6 August 2018. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Atlas Copco Australia Pty Limited T/A Atlas Copco Compressor Technique (A Division of Atlas Copco Australia Pty Limited), the applicant sought approval of the Atlas Copco Australia Pty Limited (Victoria) Collective Agreement 2017. The application was heard in the Fair Work Commission, which is tasked with regulating workplace relations in Australia. The primary dispute centred around the procedural fairness of the agreement, which had been entered into between Atlas Copco and its employees represented by the relevant unions. The key issue before the Commission was whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, particularly whether the agreement had been negotiated in good faith and whether it had been appropriately certified by the Commission.

The Commission examined the process by which the agreement was negotiated, focusing on the actions of the applicant and the unions involved. The applicant argued that the agreement was the product of genuine and meaningful negotiations, conducted in good faith. The Commission assessed the evidence and submissions provided by both parties, considering the nature of the negotiations, the extent of the discussions, and whether there had been any procedural unfairness. The Commission also considered whether the agreement had been appropriately certified, ensuring that it complied with the relevant provisions of the Act and met the standards of procedural fairness. Ultimately, the Commission found that the agreement had been negotiated in good faith and had been appropriately certified.

Based on its findings, the Commission approved the Atlas Copco Australia Pty Limited (Victoria) Collective Agreement 2017. The approval was granted on the basis that the agreement met the necessary requirements under the Fair Work Act 2009, and that the negotiation process had been fair and in good faith. The decision underscores the importance of procedural fairness in the negotiation and certification of workplace agreements, and serves as a reminder to all parties involved of the need to adhere to the principles of good faith and fairness in such processes.

Atlas Copco Australia Pty Limited T/A Atlas Copco Compressor Technique (A Division of 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