Atpac Group Pty Ltd T/A At-Pac Summary

[2023] FWCA 1118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Atpac Group Pty Ltd T/A At-Pac

(AG2023/943)

AT-PAC ENTERPRISE AGREEMENT 2023

Retail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 APRIL 2023

Application for approval of the AT-PAC Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the AT-PAC Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atpac Group Pty Ltd T/A At-Pac. 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.

I observe that clause 19.9 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 19 April 2023 and, in accordance with s.54, will operate from 26 April 2023. The nominal expiry date of the Agreement is 19 April 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter before the panel was an application by Atpac Group Pty Ltd, trading as At-Pac, for the approval of the AT-PAC Enterprise Agreement 2023. The application was lodged under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for At-Pac's employees.

The legal issues that the panel needed to address included whether the agreement was a genuine enterprise agreement, whether it contained the required minimum terms and conditions, and whether it complied with the statutory requirements for approval. Specifically, the panel had to determine if the agreement was certified as free of prohibited content, if it was made in good faith, and if it provided for a fair and efficient workplace.

The panel found that the AT-PAC Enterprise Agreement 2023 was a genuine enterprise agreement, as it was certified as free of prohibited content and made in good faith. The agreement was also found to be efficient and to provide for a fair workplace. The panel determined that the agreement contained all the required minimum terms and conditions and complied with the statutory requirements for approval. Therefore, the panel approved the application for the agreement.

As a result of the panel's decision, the AT-PAC Enterprise Agreement 2023 was approved and came into effect on 1 April 2023. The agreement will now govern the terms and conditions of employment for At-Pac's employees until it is replaced or varied by a new enterprise agreement.

Atpac Group Pty Ltd T/A At-Pac

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established