Austrak Pty Ltd Summary

[2022] FWCA 319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Austrak Pty Ltd

(AG2021/9173)

Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 3 FEBRUARY 2022

Application for approval of the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Application for approval of the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2021-2024 (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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of 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.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 10 February 2022. The nominal expiry date of the Agreement is 16 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austrak Pty Ltd applied for approval of the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2021-2024. The applicant argued that the enterprise agreement provided fair and reasonable terms and conditions for its employees. The Australian Workers' Union (VIC) opposed the application, contending that the proposed terms and conditions were not fair and reasonable for certain employees.

The legal issues before the court centred around whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement contained terms that were fair and reasonable in all respects, taking into account the factors outlined in section 230 of the Act, including the interests of employees and employers, and the need to promote high levels of employment, productivity, and economic performance.

The court found that the agreement met the statutory criteria for approval. It concluded that the terms of the agreement were fair and reasonable, taking into account all relevant factors. The court considered the evidence and submissions presented by both parties and determined that the agreement provided for appropriate protections and benefits for employees, while also allowing the employer to manage its business effectively. The application was subsequently approved.

The court ordered that the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2021-2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on all employees covered by the agreement, and will remain in force until it is replaced by a new agreement or expires.

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