DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Austrak Pty Ltd
(AG2014/9275)

AUSTRAK PTY LIMITED [ABN: 72 008 925 031] WAGGA WAGGA (NSW) ENTERPRISE AGREEMENT 2014 - 2017

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 15 DECEMBER 2014

Application for approval of the Austrak Pty Limited [ABN:72 008 925 031] Wagga Wagga (NSW) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Austrak Pty Limited [ABN:72 008 925 031] Wagga Wagga (NSW) Enterprise Agreement 2014-2017 (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 Limited (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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 10 December 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Employee and Industrial Relations Manager - Southern Region, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involves Austrak Pty Ltd, an employer, and a union representing its employees. The union sought approval of an enterprise agreement, negotiated between the parties, governing the terms and conditions of employment for the period 2014-2017. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically sections 229 and 230, which require that agreements be "independent" of the parties and "in the best interests of the employees." The Commission had to assess if the agreement was genuinely negotiated between the parties, free from any form of undue influence or coercion, and if it provided a fair and equitable outcome for the employees. Additionally, the Commission considered whether the agreement met the "better off overall test" under section 179 of the Act, ensuring that employees were not worse off financially by being subject to the agreement.

The Fair Work Commission found that the enterprise agreement was the result of genuine and independent negotiations between the parties, without any evidence of coercion or undue influence. The agreement was deemed to be in the best interests of the employees as it provided them with fair and equitable terms and conditions of employment. The Commission concluded that the agreement satisfied the "better off overall test," as employees would be better off by being subject to the agreement, considering factors such as wage increases, improved working conditions, and the provision of additional benefits. Consequently, the Commission approved the Austrak Pty Limited Wagga Wagga (NSW) Enterprise Agreement 2014-2017.

The Fair Work Commission approved the Austrak Pty Limited Wagga Wagga (NSW) Enterprise Agreement 2014-2017, confirming its compliance with the Fair Work Act and its benefits for the employees.

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