Atlas Copco Australia Pty Ltd Summary

[2024] FWCA 2130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Atlas Copco Australia Pty Ltd

(AG2024/1898)

ATLAS COPCO AUSTRALIA PTY LIMITED (NSW) WORKSHOP COLLECTIVE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 11 JUNE 2024

Application for approval of the Atlas Copco Australia Pty Limited (NSW) Workshop Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited (NSW) Workshop Collective Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Atlas Copco Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 6 of the Agreement, I am satisfied that the employees covered by the Agreement will receive at least the minimum entitlements in the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 10 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Atlas Copco Australia Pty Ltd for the approval of the Atlas Copco Australia Pty Limited (NSW) Workshop Collective Agreement 2024. The application arose under the Fair Work Act 2009, with the parties seeking the Commission's determination on the merits of the agreement to ensure it met the requirements for being a protected action and thus eligible for registration.

The central legal issue before the Commission was whether the proposed agreement complied with the legislative framework. Specifically, the Commission had to consider whether the agreement met the criteria for approval under section 232 of the Fair Work Act, including whether it was a genuine enterprise agreement and whether it contained the minimum terms and conditions required by law. Furthermore, the Commission needed to determine if the agreement appropriately balanced the interests of the employer and employees, as well as whether it adhered to the principles of industrial relations fairness and efficiency.

In assessing the application, the Commission reviewed the content of the proposed agreement and the submissions made by both parties. The Commission found that the agreement contained all the necessary minimum terms and conditions as mandated by the Fair Work Act. Additionally, it was determined that the agreement was genuinely negotiated and represented the terms agreed upon by the employer and the employees. The Commission concluded that the agreement met the statutory requirements for approval, balancing the interests of both parties appropriately. Consequently, the Commission approved the application and registered the Atlas Copco Australia Pty Limited (NSW) Workshop Collective Agreement 2024 as a protected action.

Atlas Copco Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established