DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Pacific Australia Pty Limited
(AG2016/5785)

ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atlas Pacific Australia Pty Limited. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Atlas Pacific Australia Pty Limited applied to the Fair Work Commission for approval of a proposed enterprise agreement. The application was made under the Fair Work Act 2009. The dispute centred around the proposed agreement, which was intended to regulate employment terms and conditions for service employees within the company. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal criteria for approval.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess if the agreement contained all the mandatory terms specified in the Act, and whether it was free from any prohibited content. Additionally, the Commission had to consider whether the agreement had been made in good faith and if the necessary procedural requirements had been fulfilled.

In reaching its decision, the Commission examined the proposed agreement in detail. It found that the agreement contained all the mandatory terms and did not include any prohibited content. The Commission also determined that the agreement had been made in good faith and that all procedural requirements had been satisfied. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2016-2019. The approval was based on the findings that the agreement met all legal criteria, including the inclusion of mandatory terms, absence of prohibited content, and compliance with good faith and procedural requirements.

Atlas Pacific Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established