Atlas Pacific Australia Pty Limited Summary

[2022] FWCA 4346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Atlas Pacific Australia Pty Limited

(AG2022/5017)

ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2022-2025

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 DECEMBER 2022

Application for approval of the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2022-2025.

An application has been made for approval of an enterprise agreement known as the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2022-2025 (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.

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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Atlas Pacific Australia Pty Limited, the applicant, sought approval of the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2022-2025 from the Fair Work Commission (FWC). This application was made pursuant to the Fair Work Act 2009 (Cth) to formalise the employment terms between the company and its service employees. The dispute centred on whether the proposed agreement met the legal criteria for approval and whether it was fair and reasonable in terms of the workers' conditions and entitlements.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act and whether it provided for fair and reasonable terms and conditions. Specifically, the Commission needed to determine if the agreement was in the public interest and whether it appropriately balanced the interests of both the employer and employees. The court had to assess if the proposed conditions were consistent with national minimum standards and if there were any unfair or unreasonable provisions that would disadvantage the employees.

The Commission found that the agreement was largely compliant with the Fair Work Act and provided fair and reasonable terms for the employees. The agreement was deemed to be in the public interest and balanced the interests of both parties. The Commission noted that the proposed terms and conditions were consistent with national minimum standards and did not contain any provisions that would unfairly disadvantage the employees. Therefore, the Commission approved the agreement, confirming its compliance with the statutory requirements and its fairness.

The final order of the Fair Work Commission was to approve the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2022-2025, effective from the date of the Commission's decision. This approval signifies that the agreement is now a registered instrument under the Fair Work Act, binding both the employer and the employees for the specified period.

Atlas Pacific Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established