Austrak Pty Ltd

[2023] FWCA 1048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austrak Pty Ltd

(AG2023/826)

AUSTRAK PTY LTD ROCKHAMPTON ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 13 APRIL 2023

Application for approval of the Austrak Pty Ltd Rockhampton Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Austrak Pty Ltd Rockhampton Enterprise Agreement 2023-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austrak 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 1.5 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 Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU and CEPU.

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

In the Fair Work Commission, Austrak Pty Ltd sought approval for the Rockhampton Enterprise Agreement 2023-2026. The dispute involved the terms of the proposed agreement, which was to govern the employment conditions of workers in the Rockhampton area. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and ensuring that it was fair and reasonable in all respects.

The legal issues before the Commission included whether the agreement provided for minimum terms, covered all necessary provisions, and was free from any unfair content. The applicant argued that the agreement was comprehensive and met all statutory requirements. The Commission had to assess the provisions of the agreement against the criteria established by the Fair Work Act, ensuring that it provided for a safety net of minimum terms, did not undermine the safety net, and was not adversely affecting employees.

After reviewing the agreement, the Commission determined that the Austrak Pty Ltd Rockhampton Enterprise Agreement 2023-2026 was fair and reasonable. The agreement was found to comply with the statutory requirements, providing for minimum terms and covering all necessary provisions. The Commission concluded that the agreement did not contain any unfair content and was therefore approved. The Commission's decision was based on a detailed analysis of the agreement's provisions and their alignment with the statutory framework.

The Fair Work Commission approved the Austrak Pty Ltd Rockhampton Enterprise Agreement 2023-2026, effective from the date of the decision. The Commission's approval ensures that the agreement will govern the employment conditions of the relevant workers for the period specified, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established