DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty Ltd
(AG2015/3087)

ATLAS COPCO AUSTRALIA PTY LIMITED, O’CONNOR WESTERN AUSTRALIA COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JUNE 2015

Application for approval of the Atlas Copco Australia Pty Ltd, O’Connor Western Australia Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Ltd, O'Connor Western Australia 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 Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 June 2015 and, in accordance with s.54, will operate from 7 July 2015. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Atlas Copco Australia Pty Ltd applied for approval of the O’Connor Western Australia Collective Agreement 2015. The application arose from negotiations between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment for employees working in the O’Connor region of Western Australia. The Commission had to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval. The CFMEU argued that the agreement failed to provide adequate pay and conditions for employees. Atlas Copco, on the other hand, contended that the agreement was fair and reasonable and complied with all statutory requirements. The Commission considered the nature of the agreement, the bargaining process, and the terms and conditions set out in the agreement.

The Commission found that the agreement was fair and reasonable in all its terms. It concluded that the agreement provided for adequate pay and conditions for employees and complied with the procedural requirements for approval. The Commission noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The Commission made orders approving the O’Connor Western Australia Collective Agreement 2015. The agreement was registered and would apply to employees working in the O’Connor region of Western Australia. The decision provides guidance on the criteria for approving a collective agreement and the importance of good faith bargaining between employers and employees.

Atlas Copco Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established