Austrak Pty Ltd

[2024] FWCA 3345

[2024] FWCA 3345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Austrak Pty Ltd

(AG2024/3162)

AUSTRAK PTY LIMITED POINT WILSON (VIC) ENTERPRISE AGREEMENT 2024 - 2028

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 24 SEPTEMBER 2024

Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2024 - 2028

1. An application has been made for approval of an enterprise agreement known as the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2024 - 2028 (the Agreement). The application is made under s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. Section 205A(2) has the effect that if an Agreement contains a delegates’ rights term that is inferior to the delegates’ rights term in the relevant Modern Award(s), the most favourable term of the relevant Modern Award(s) is “taken to be a term of the Agreement” under s 205A(2)(b). The inferior delegates’ rights term in the Agreement is rendered a nullity and of “no effect” under s 205A(2)(a).

1. There are two underpinning awards, the Manufacturing and Associated Industrials and Occupations Award 2020 and the Concrete Products Award 2020 (collectively the Awards). The delegates’ rights terms are at clauses 40A and 27A respectively. There is no material difference between those two clauses.

1. Clause 7.3.2 of the Agreement provides for a delegates’ rights term that is less favourable than the workplace delegates’ rights term in the Awards. Pursuant to s 205A(2) of the Act, clause 40A of the Manufacturing and Associated Industrials and Occupations Award 2020 is taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in ss 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement have given notice under s 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under s 201(2) of the Act.

1. The Agreement is approved today 24 September 2024. It will operate from 1 October 2024 as required by s 54 of the Act. The nominal expiry date is 16 August 2028.

COMMISSIONER

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