Austrak Pty Ltd Summary

[2013] FWCA 9472

FAIR WORK COMMISSION

DECISION

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

Austrak Pty Ltd
(AG2013/10141)

AUSTRAK PTY LTD ROCKHAMPTON ENTERPRISE AGREEMENT 2013-2017

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 3 DECEMBER 2013

Application for approval of the Austrak Pty Ltd Rockhampton Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known asthe

Austrak Pty Ltd Rockhampton Enterprise Agreement 2013-2017 (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 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 relevant to this application for approval have been met.

[3] The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] 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 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Austrak Pty Ltd applied for the approval of the Austrak Pty Ltd Rockhampton Enterprise Agreement 2013-2017. The agreement was to apply to employees who were members of the Transport Workers Union Queensland Branch. The dispute centred on whether the agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural requirements for an enterprise agreement, including whether it was made in good faith and whether it contained the minimum terms and conditions as required by the Act. A secondary issue was whether the agreement was consistent with the public policy underpinning the Fair Work Act, such as promoting high levels of productivity and fair treatment of employees.

The Commission determined that the agreement was procedurally valid and met the requirements of the Fair Work Act. It was made in good faith and contained all the minimum terms and conditions. The Commission also found that the agreement was consistent with the public policy objectives of the Act. As such, the application for approval was granted, and the agreement was registered.

The final order was that the Austrak Pty Ltd Rockhampton Enterprise Agreement 2013-2017 be approved and registered. This decision confirmed the legal validity of the agreement and allowed it to take effect as a binding contract between the employer and the employees covered by the agreement.

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