Atlas Copco Australia Pty Ltd Summary

[2016] FWCA 2392

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2016/2658)

ATLAS COPCO AUSTRALIA PTY LIMITED BLACKTOWN

WAREHOUSE COLLECTIVE AGREEMENT 2016

Storage services

COMMISSIONER GREGORY

MELBOURNE, 15 APRIL 2016

Application for approval of the Atlas Copco Australia Pty Limited Blacktown Warehouse

Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Atlas Copco Australia Pty Limited Blacktown Warehouse Collective Agreement 2016 (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 Ltd 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] 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 is approved and, in accordance with s.54 of the Act, will operate from

22 April 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Atlas Copco Australia Pty Ltd T/A Atlas Copco Compressors Australia made an application to the Fair Work Commission for the approval of an enterprise agreement titled Atlas Copco Australia Pty Limited Blacktown Warehouse Collective Agreement 2016. The application was made under section 185 of the Fair Work Act 2009. The agreement, a single enterprise agreement, pertains to the Blacktown Warehouse of Atlas Copco Australia. The primary issue before the Commissioner was whether the agreement met the legal requirements for approval under the Fair Work Act. Specifically, the Commissioner needed to determine if the agreement satisfied the provisions of sections 186, 187, and 188 of the Act and if it complied with the mandatory consultation term prescribed by the Fair Work Regulations 2009.

Upon examining the application and the agreement, the Commissioner concluded that the agreement fulfilled all necessary conditions for approval. The Commissioner noted that the agreement adhered to the mandatory provisions of the Fair Work Act and included the model consultation term as prescribed by the Fair Work Regulations. Consequently, the Commissioner approved the agreement, which will be effective from 22 April 2016, with a nominal expiry date of 31 March 2018. This decision was made under section 185 of the Act, ensuring the agreement's terms are legally binding and enforceable.

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