Application for approval of the Atlas Copco Australia Pty Limited (South Australia and Tasmania) Collective Agreement 2025

[1] Atlas Copco Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Atlas Copco Australia Pty Limited (South Australia and Tasmania) Collective Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 April 2025 and the Agreement was made on 29 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Agreement did not contain a consultation term that met the requirements of s.205(1) of the Act. 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.

National Employment Standards (NES) Precedence Term

[4] Clause 20 of the Agreement provides for five days of paid family and domestic violence leave which may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 6 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[5] The employer 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. The undertakings are taken to be a term of the Agreement.

[6] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.

[7] It was identified that the Agreement submitted in the initiating application contained typographical errors. These typographical errors did not affect substantive terms of the Agreement. On 30 September 2025 the Employer confirmed that it was content for these errors to be amended by the Commission.

[8] In the circumstances, I consider it appropriate to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act. The Agreement approved by and published pursuant to this decision incorporates these amendments.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2025. The nominal expiry date of the Agreement is 9 October 2028.

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