DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Pacific Australia Pty Ltd
(AG2020/274)

ATLAS PACIFIC AUSTRALIA PTY LTD SERVICE EMPLOYEES AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2020

Application for approval of the Atlas Pacific Australia Pty Ltd Service Employees Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Pacific Australia Pty Ltd Service Employees Agreement 2019-2022 (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 Ltd. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Atlas Pacific Australia Pty Ltd, applied for approval of the Atlas Pacific Australia Pty Ltd Service Employees Agreement 2019-2022 under section 236 of the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the terms of the proposed agreement and its implications for the employees covered by it. The Fair Work Commission, the body responsible for the approval, was tasked with deciding whether the agreement met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, as mandated by the Fair Work Act, and whether the process of developing the agreement was fair and in good faith. The CFMEU argued that the agreement did not provide adequate protections for employees and that the process of negotiating the agreement was not fair. The Commission had to determine whether the agreement was in the best interests of the employees and whether it met the statutory requirements for approval.

The Commission found that the agreement was in the best interests of the employees and met the statutory requirements for approval. The Commission noted that the agreement provided for fair and efficient workplaces and that the process of developing the agreement was fair. The Commission found that the agreement provided for adequate protections for employees and that it was not unreasonable or oppressive. The Commission also found that the agreement met the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Atlas Pacific Australia Pty Ltd Service Employees Agreement 2019-2022, finding that it met the statutory requirements for approval. The Commission found that the agreement was in the best interests of the employees and provided for fair and efficient workplaces. The Commission noted that the agreement provided for adequate protections for employees and that the process of developing the agreement was fair. The Commission also found that the agreement was not unreasonable or oppressive.

Atlas Pacific Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established