AT-PAC Group Pty Ltd Summary

[2018] FWCA 7202

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

AT-PAC Group Pty Ltd

(AG2018/4663)

AT-PAC Employee Collective NSW Depots Enterprise Agreement 2018

Retail industry
Commissioner Harper-Greenwell	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the AT-PAC Employee Collective NSW Depots Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the AT-PAC Employee Collective NSW Depots Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AT-PAC Group Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 26 November 2018 and, in accordance with s.54, will operate from 3 December 2018. The nominal expiry date of the Agreement is 26 November 2022.

COMMISSIONER
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CaseChat Overview and Summary

AT-PAC Group Pty Ltd was involved in an application to the Fair Work Commission (FWC) for approval of the AT-PAC Employee Collective NSW Depots Enterprise Agreement 2018. The application was brought by the employer, AT-PAC, seeking the FWC’s endorsement of the agreement. The nature of the dispute was primarily centred around the compliance of the agreement with the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement met the statutory criteria for approval as stipulated under the Fair Work Act. This included whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements set out in the Act. Additionally, the FWC had to consider whether the agreement appropriately balanced the rights and interests of both the employer and the employees.

The FWC examined the procedural fairness of the bargaining process, ensuring that the agreement was not only made in good faith but also that all necessary procedural steps were followed. It considered the content of the agreement, including whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the statutory minimum standards. The FWC also assessed whether the agreement included adequate provisions for dispute resolution and employee representation. Ultimately, the FWC determined that the agreement satisfied the legislative criteria for approval. The FWC accepted that the agreement was made in good faith and that it contained the necessary minimum terms and conditions, thereby complying with the Fair Work Act.

As a result, the FWC approved the AT-PAC Employee Collective NSW Depots Enterprise Agreement 2018. This decision confirmed the validity of the agreement, which will now govern the employment conditions of the employees covered by the agreement.

AT-PAC Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established