Atlas Copco Australia Pty Limited T/A Atlas Copco Compressors Australia

[2014] FWCA 6453

FAIR WORK COMMISSION

DECISION

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

Atlas Copco Australia Pty Limited T/A Atlas Copco Compressors Australia
(AG2014/8785)

ATLAS COPCO AUSTRALIA PTY LIMITED (SOUTH AUSTRALIA) COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty. Limited (South Australia) 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 Atlas Copco Australia Pty Limited T/A Atlas Copco Compressors Austrlia. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2014. The nominal expiry date of the Agreement is 31 July, 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Atlas Copco Australia Pty Limited trading as Atlas Copco Compressors Australia, applied for approval of a collective agreement under the Fair Work Act 2009. The agreement in question was the Atlas Copco Australia Pty. Limited (South Australia) Collective Agreement 2014. The application was heard by the Fair Work Commission, specifically the Deputy President, and the decision was rendered on 17 November 2014.

The legal issues before the court involved determining whether the collective agreement complied with the requirements of the Fair Work Act. Specifically, the court needed to assess whether the agreement met the criteria for being a good faith bargain, whether it adhered to the provisions of the Act regarding procedural fairness, and if the agreement was in the best interests of the employees and the employer. Additionally, the court had to consider whether the agreement provided adequate protections for the employees and whether it complied with the principles of the Act in terms of fairness and reasonableness.

The Deputy President found that the collective agreement met the necessary criteria for approval. The agreement was considered a product of good faith bargaining and adhered to the procedural fairness requirements of the Act. The Deputy President was satisfied that the agreement was in the best interests of both the employees and the employer, providing adequate protections for the employees while also being fair and reasonable. The Deputy President further found that the agreement complied with the principles of the Act and was therefore approved under section 234 of the Fair Work Act 2009.

The final orders of the court included the approval of the Atlas Copco Australia Pty. Limited (South Australia) Collective Agreement 2014. The agreement was to be registered with the Fair Work Commission, and the parties were directed to give effect to the terms of the agreement in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established