DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austrak Pty Ltd
(AG2018/1705)

AUSTRAK PTY LIMITED POINT WILSON (VIC) ENTERPRISE AGREEMENT 2017-2021

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 17 AUGUST 2018

Application for approval of the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2017-2021 (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.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives 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 these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 16 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austrak Pty Ltd recently sought approval for the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2017-2021. The applicant, Austrak, is an employer and the respondent is the Australian Manufacturing Workers' Union, representing employees. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement. The case was heard in the Fair Work Commission (FWC).

The central legal issue for the FWC was to determine whether the proposed agreement was in the best interests of the employees and whether it met the requirements of the Fair Work Act 2009. Specifically, the FWC needed to assess if the agreement provided for fair and reasonable terms and conditions, and if it complied with the good faith bargaining requirements under the Act. The FWC also had to consider the submissions and evidence provided by both parties during the hearing.

The FWC found that the proposed enterprise agreement provided for fair and reasonable terms and conditions for the employees. It determined that the agreement contained provisions that were in the best interests of the employees and met the statutory requirements of the Act. The FWC noted that Austrak had engaged in good faith bargaining with the union, and the agreement reflected a balanced outcome. The FWC approved the proposed agreement, emphasising the importance of fair and reasonable terms in enterprise agreements.

The FWC approved the Austrak Pty Limited Point Wilson (VIC) Enterprise Agreement 2017-2021, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the duration specified.

Austrak Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established