| [2015] FWCA 4682 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Atlas Copco Australia Pty Limited T/A Atlas Copco Compressors Australia
(AG2015/3779)
ATLAS COPCO AUSTRALIA PTY. LIMITED (PERTH) COLLECTIVE AGREEMENT 2015
Manufacturing and associated industries | |
DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 10 JULY 2015 |
Application for approval of the Atlas Copco Australia Pty. Limited (Perth) Collective Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty. Limited (Perth) Collective Agreement 2015 (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 Compressors Australia. The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 is taken to be a term of the Agreement.
[4] The Agreement was approved on 10 July 2015 and, in accordance with s.54, will operate from 17 July 2015. The nominal expiry date of the Agreement is 30 June 2017.
DEPUTY PRESIDENT
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- AGLC
- Atlas Copco Australia Pty Limited T/A Atlas Copco Compressors Australia [2015] FWCA 4682
- Case
- [2015] FWCA 4682
- Decision Date
CaseChat Overview and Summary
The key legal issues included whether the agreement was genuinely a collective agreement, whether it provided for fair and reasonable terms and conditions, and if it complied with the Fair Work Act 2009. The FWC also considered whether the agreement met the requirements of the relevant industrial instruments, including the relevant award, and whether it adequately protected the rights of the employees. The applicants argued that the agreement was a genuine collective agreement that provided for fair and reasonable terms and conditions, while the respondents raised concerns about certain provisions in the agreement.
The FWC found that the Atlas Copco Australia Pty. Limited (Perth) Collective Agreement 2015 was a genuine collective agreement and that it provided for fair and reasonable terms and conditions for the employees. The FWC determined that the agreement complied with the requirements of the Fair Work Act 2009 and the relevant industrial instruments. The FWC also found that the agreement adequately protected the rights of the employees and that the applicants had demonstrated a genuine commitment to the collective bargaining process. Consequently, the FWC approved the agreement.
The FWC approved the Atlas Copco Australia Pty. Limited (Perth) Collective Agreement 2015, finding that it was a genuine collective agreement that provided for fair and reasonable terms and conditions for the employees. The FWC also found that the agreement complied with the requirements of the Fair Work Act 2009 and the relevant industrial instruments. The approval of the agreement will allow Atlas Copco Australia Pty Limited to implement the terms and conditions set out in the agreement for the employees in the Perth branch of the company.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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