DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Copco Australia Pty Ltd T/A Atlas Copco Thiessen
(AG2017/4013)

ATLAS COPCO AUSTRALIA PTY LIMITED, O’CONNOR WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 4 DECEMBER 2017

Application for approval of the Atlas Copco Australia Pty Limited O’Connor Western Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited O’Connor Western Australia Enterprise Agreement 2017 (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 Thiessen. 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, 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] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Atlas Copco Australia Pty Ltd, trading as Atlas Copco Thiessen, applied to the Fair Work Commission for approval of the Atlas Copco Australia Pty Limited O’Connor Western Australia Enterprise Agreement 2017. The application was made pursuant to section 233 of the Fair Work Act 2009, seeking the Commission's approval to disregard the minimum wage and other conditions set out in the Industrial Instruments. The applicant argued that the agreement provided for fair and reasonable terms and conditions for its employees, and that it was in the public interest to approve the application. The applicant also argued that the agreement provided for appropriate transitional arrangements for employees who would be covered by the agreement but were not parties to the agreement-making process.

The legal issues before the Commission were whether the terms and conditions of the agreement were fair and reasonable, and whether it was in the public interest to approve the application. The Commission considered the relevant provisions of the Fair Work Act, including the criteria for approval of an enterprise agreement under section 233, and the relevant principles of good faith bargaining and procedural fairness. The Commission also considered the evidence and submissions provided by the parties, including the arguments regarding the appropriateness of the wage and non-wage terms and conditions, and the impact of the agreement on the employees and the community.

After considering the evidence and submissions, the Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was in the public interest to approve the application. The Commission noted that the agreement provided for appropriate wage and non-wage terms and conditions, and that the applicant had engaged in good faith bargaining with the relevant union. The Commission also noted that the agreement provided for appropriate transitional arrangements for employees who would be covered by the agreement but were not parties to the agreement-making process. The Commission was satisfied that the agreement met the criteria for approval under section 233 of the Fair Work Act, and that it would not have an adverse effect on the employees or the community.

The Fair Work Commission approved the application and certified the Atlas Copco Australia Pty Limited O’Connor Western Australia Enterprise Agreement 2017. The agreement will now apply to the employees covered by the agreement, and will provide for the terms and conditions set out in the agreement. The applicant and the relevant union will be responsible for ensuring that the agreement is implemented and complied with.

Atlas Copco Australia Pty Ltd T/A Atlas Copco Thiessen

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established