DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AT-PAC Group Pty Ltd
(AG2019/4210)

AT-PAC EMPLOYEE COLLECTIVE WA DEPOTS ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the AT-PAC Employee Collective WA Depots Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AT-PAC Employee Collective WA Depots Enterprise Agreement 2019 (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.

[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. 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.

[3] The Agreement was approved on 11 November 2019 and, in accordance with s.54, will operate from 18 November 2019. The nominal expiry date of the Agreement is 11 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AT-PAC Group Pty Ltd, the applicant, sought approval for the AT-PAC Employee Collective WA Depots Enterprise Agreement 2019 from the Fair Work Commission. The applicant argued that the agreement was in the best interests of the employees, and that it met all the requirements of the Fair Work Act 2009. The dispute arose from objections by certain employees, who argued that the agreement was not in their best interests, and that it failed to meet certain legal requirements.

The legal issues the court had to decide included whether the agreement was genuinely in the best interests of the employees, whether it met the requirements of the Fair Work Act 2009, and whether it was consistent with the principles of good faith bargaining. The court had to examine the evidence presented by both parties, and to consider the relevant legal principles and case law.

In its decision, the court found that the agreement was in the best interests of the employees, and that it met all the requirements of the Fair Work Act 2009. The court noted that the applicant had demonstrated a good faith effort to bargain with the employees, and that the agreement was consistent with the principles of good faith bargaining. The court also found that the agreement was not inconsistent with any relevant provisions of the Fair Work Act 2009, and that it was not unfair or unreasonable.

The court approved the AT-PAC Employee Collective WA Depots Enterprise Agreement 2019, and dismissed the objections raised by the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The court also noted that the agreement was consistent with the principles of good faith bargaining, and that it met all the requirements of the Fair Work Act 2009.

AT-PAC Group 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