DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty. Ltd. T/A Atlas Copco
(AG2019/1255)

ATLAS COPCO AUSTRALIA PTY LIMITED BLACKTOWN WAREHOUSE COLLECTIVE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2019

Application for approval of the Atlas Copco Australia Pty Limited Blacktown Warehouse Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited Blacktown Warehouse Collective Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 31 March 2022.

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., trading as Atlas Copco, applied for the approval of the Atlas Copco Australia Pty Limited Blacktown Warehouse Collective Agreement 2019. The application involved a collective agreement between the employer and its employees, which had been negotiated and agreed upon by the parties involved. The Fair Work Commission, as the relevant authority, was tasked with determining whether the agreement complied with the necessary legal and procedural requirements.

The legal issues before the Commission centred on whether the agreement met the standards and criteria set out in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement had been genuinely negotiated between the employer and the employees, whether it contained the required minimum terms and conditions, and whether it complied with the procedural requirements for approval. Additionally, the Commission examined whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained the necessary minimum terms and conditions as required by the Fair Work Act. The Commission also determined that the agreement complied with the procedural requirements for approval and was in the best interests of the employees. Furthermore, the Commission was satisfied that the agreement promoted harmonious, productive, and cooperative workplace relations. As a result, the Commission approved the Atlas Copco Australia Pty Limited Blacktown Warehouse Collective Agreement 2019.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established