DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austrak Pty Ltd
(AG2021/6505)

AUSTRAK PTY LTD ROCKHAMPTON ENTERPRISE AGREEMENT 2021-2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 6 AUGUST 2021

Application for approval of the Austrak Pty Ltd Rockhampton Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Austrak Pty Ltd Rockhampton Enterprise Agreement 2021-2023 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2021. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austrak Pty Ltd, an applicant, sought approval of the Austrak Pty Ltd Rockhampton Enterprise Agreement 2021-2023, which was entered into between the company and its employees represented by the Australian Manufacturing Workers' Union. The matter was heard in the Fair Work Commission, a tribunal responsible for the administration of Australian workplace laws. The central legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the tribunal needed to determine if the agreement was made in good faith, provided for genuine bargaining, and did not include matters that were outside the scope of enterprise bargaining.

The tribunal found that the agreement had been made in good faith, as evidenced by the genuine negotiations between the parties. The bargaining process was deemed to have been conducted appropriately, with both parties demonstrating a willingness to reach an agreement. The tribunal also confirmed that the agreement did not include any provisions that were outside the scope of enterprise bargaining, as all matters addressed were relevant to the terms and conditions of employment. Consequently, the tribunal approved the agreement, finding it to be compliant with the requirements of the Act.

The Fair Work Commission approved the Austrak Pty Ltd Rockhampton Enterprise Agreement 2021-2023, recognising it as a valid and binding agreement between the company and its employees. The decision underscores the importance of good faith bargaining and adherence to the scope of enterprise bargaining in the formation of such agreements. The tribunal's approval of the agreement reflects its compliance with the necessary legal standards and its suitability for implementation in the workplace.

Austrak Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established