Atlas Copco Australia Pty Ltd

[2013] FWCA 736

FAIR WORK COMMISSION

DECISION

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

Atlas Copco Australia Pty Ltd
(AG2013/77)

ATLAS COPCO AUSTRALIA PTY LIMITED OLYMPIC DAM COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 FEBRUARY 2013

Application for approval of the Atlas Copco Australia Pty Limited Olympic Dam Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited Olympic Dam Collective Agreement 2012 (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] 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 12 February 2013. The nominal expiry date of the Agreement is 1 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Atlas Copco Australia Pty Ltd applied to the Fair Work Commission for the approval of the Atlas Copco Australia Pty Ltd Olympic Dam Collective Agreement 2012. The application was brought under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, which sought to govern the relationship between Atlas Copco Australia Pty Ltd and its employees at the Olympic Dam site. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval as stipulated in the Fair Work Act 2009.

The primary legal issue for the Commission to decide was whether the proposed collective agreement contained terms and conditions that were procedurally and substantively fair. The Commission had to examine if the agreement had been genuinely negotiated between the employer and the employees' representatives, and if it provided for a fair and reasonable resolution of the employees' terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement did not undermine the protections provided by the National Employment Standards or other applicable provisions of the Fair Work Act 2009.

After careful consideration of the evidence presented and the arguments made by both parties, the Commission found that the proposed agreement was procedurally fair and had been genuinely negotiated. The Commission concluded that the agreement contained terms and conditions that were fair and reasonable, and did not contravene any provisions of the Fair Work Act 2009. Therefore, the application for approval of the Atlas Copco Australia Pty Ltd Olympic Dam Collective Agreement 2012 was successful. The agreement was approved, and its terms and conditions became legally binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established