Aus-Rack Australia Pty Ltd

[2025] FWCA 2549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Aus-Rack Australia Pty Ltd

(AG2025/2391)

AUS-RACK AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 31 JULY 2025

Application for approval of the Aus-Rack Australia Pty Ltd Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Aus-Rack Australia Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aus-Rack Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.3(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Aus-Rack Australia Pty Ltd and its employees, with the company seeking approval for an Enterprise Agreement. The dispute centred around the terms and conditions of employment as stipulated in the proposed agreement. The Fair Work Commission, Australia's workplace relations tribunal, was tasked with examining the agreement and determining whether it met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, whether it facilitated genuine bargaining, and whether it included provisions that would unduly harm employees. Additionally, the Commission considered whether the agreement appropriately addressed procedural fairness, ensuring that employees had a reasonable opportunity to understand and discuss the terms before any agreement was finalised.

In delivering its decision, the Commission found that the proposed agreement did not meet the required safety net provisions as it failed to adequately address minimum wage rates and conditions. The Commission also highlighted concerns about the procedural fairness mechanisms, indicating that the process did not provide employees with sufficient opportunity to engage with the terms of the agreement. As a result, the Commission refused to approve the Enterprise Agreement, emphasising the importance of ensuring that all employees' rights and protections were adequately upheld in any future negotiations.

The Commission's decision concluded with directions for Aus-Rack Australia Pty Ltd to revise the agreement to meet the legislative requirements and to ensure that any future bargaining processes were fair and inclusive. The company was instructed to resubmit the revised agreement for consideration, ensuring it complied with all relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established