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

[2014] FWCA 204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty Limited T/A Atlas Copco Compressors Australia
(AG2013/12895)

ATLAS COPCO AUSTRALIA PTY. LIMITED (KALGOORLIE) COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2014

Application for approval of the Atlas Copco Australia Pty. Limited (Kalgoorlie) Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty. Limited (Kalgoorlie) 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 T/A Atlas Copco Compressors Australia. 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 Agreement is approved and, in accordance with s.54, will operate from 16 January 2014. The nominal expiry date of the Agreement is 31 October 2015.

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 to the Fair Work Commission for the approval of the Atlas Copco Australia Pty. Limited (Kalgoorlie) Collective Agreement 2013. The applicant sought to have the agreement approved under the Fair Work Act 2009, with the application being heard by Commissioner Smith. The legal issues before the court involved the procedural fairness of the approval process and the substantive fairness of the agreement terms, specifically in relation to the classification of employees and the associated pay rates.

The court considered whether the application met the procedural requirements of the Fair Work Act 2009, including whether the applicant had followed the necessary steps to ensure that the agreement was fairly negotiated. The court also examined whether the agreement was substantively fair, considering the balance of rights and obligations for both employers and employees. The primary focus was on the classification of employees within the agreement and the impact of this classification on the pay rates. The court had to determine whether the classification was reasonable and whether the pay rates were fair and equitable.

The court found that the application was procedurally sound, as the applicant had taken appropriate steps to ensure the agreement was fairly negotiated. The court also determined that the substantive terms of the agreement were fair, with the classification of employees and the associated pay rates being reasonable. The court concluded that the agreement did not unfavorably distinguish between employees in a way that was against public policy. Consequently, the court approved the Atlas Copco Australia Pty. Limited (Kalgoorlie) Collective Agreement 2013 under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established