Austrak Pty Ltd Summary

[2023] FWCA 2830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austrak Pty Ltd

(AG2023/2976)

AUSTRAK NSW ENTERPRISE AGREEMENT 2023 - 2027

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 SEPTEMBER 2023

Application for approval of the Austrak NSW Enterprise Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement known as the Austrak NSW Enterprise Agreement 2023 - 2027 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was after 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 16 August 2023.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 September 2023. The nominal expiry date of the Agreement is 31 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in Austrak Pty Ltd involved a dispute concerning the approval of an enterprise agreement, specifically the Austrak NSW Enterprise Agreement 2023-2027. This agreement was submitted for approval by the company to the Fair Work Commission, which is the industrial relations tribunal with jurisdiction over such matters. The application for approval was opposed by the Australian Council of Trade Unions, representing the interests of the employees.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements set out in the Fair Work Act 2009. The opposition focused on several points, including whether the agreement provided for fair and reasonable terms, whether it was free from any unlawful content, and whether it complied with the relevant provisions of the Act. The Commission also needed to consider the implications of any provisions that might affect the workforce's existing rights and entitlements.

In determining the application, the Fair Work Commission examined the contents of the agreement in detail. It considered the fairness of the terms proposed, taking into account the economic context and the bargaining positions of the parties. The Commission also assessed whether the agreement provided adequate protections for employees and whether it complied with the provisions of the Fair Work Act. Ultimately, the Commission found that the agreement did meet the necessary requirements and approved it accordingly. The Commission acknowledged the efforts of both parties in reaching a consensus that was fair and reasonable.

The final orders of the Commission were to approve the Austrak NSW Enterprise Agreement 2023-2027, effective from the date of the decision. The agreement was to be registered and binding on all parties involved, ensuring that the terms set out in the agreement would govern the employment conditions for the duration of the agreement.

Austrak Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established