DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty Ltd T/A Atlas Copco Compressors Australia
(AG2015/3794)

ATLAS COPCO AUSTRALIA PTY. LIMITED (NSW) COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 JULY 2015

Application for approval of the Atlas Copco Australia Pty Limited (NSW) Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited (NSW) 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 T/A Atlas Copco Compressors Australia. The agreement is a single enterprise agreement.

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

[5] The Agreement was approved on 10 July 2015 and, in accordance with s.54, will operate from 17 July 2015. The nominal expiry date of the Agreement is 30 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Atlas Copco Australia Pty Ltd, trading as Atlas Copco Compressors Australia, applied for the approval of the Atlas Copco Australia Pty Limited (NSW) Collective Agreement 2015. The applicant sought the approval of this agreement under the Fair Work Act 2009 (Cth), which requires that agreements meet certain conditions before they can be formally registered and enforced. The primary dispute centred on the procedural fairness and the content of the agreement, specifically whether it met the requirements of the Act and adhered to the principles of good faith bargaining.

The court was tasked with determining whether the application process was conducted fairly and if the agreement met the statutory requirements. This included examining whether the agreement was made in good faith, whether the application was made within the prescribed timeframes, and whether the agreement contained the necessary provisions as mandated by the Act. The court also needed to assess if there was any procedural unfairness that could invalidate the application or the agreement itself.

The court found that the application process was conducted fairly and in accordance with the requirements of the Act. It held that the agreement met all statutory conditions, including those related to good faith bargaining, procedural fairness, and content. The agreement was deemed to comply with the necessary provisions of the Act, and the court approved the application for registration. Consequently, the court issued an order approving the collective agreement, which would now be formally registered and enforceable under the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established