DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austrak Pty Ltd T/A Austrak
(AG2017/3064)

AUSTRAK PTY LTD ROCKHAMPTON ENTERPRISE AGREEMENT 2017-2021

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 16 OCTOBER 2017

Application for approval of the Austrak Pty Ltd Rockhampton Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Austrak Pty Ltd Rockhampton 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 T/A Austrak. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austrak Pty Ltd, trading as Austrak, applied for the approval of the Austrak Pty Ltd Rockhampton Enterprise Agreement 2017-2021, which was to be registered with the Fair Work Commission. The application was opposed by the Australian Manufacturing Workers’ Union (AMWU). The matter was heard in the Fair Work Commission, the body responsible for approving enterprise agreements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the AMWU argued that the agreement did not adequately address issues such as pay equity and minimum rates of pay, and that the process leading to the agreement was not sufficiently representative of the workforce.

The Commission considered the provisions of the Fair Work Act, focusing on the requirements for an enterprise agreement to be approved. The Commission noted that the agreement included provisions for pay equity and minimum rates of pay, albeit in a manner that the AMWU considered insufficient. The Commission also examined the process by which the agreement was negotiated and whether it appropriately represented the workforce. After reviewing the evidence and arguments presented, the Commission found that the agreement met the statutory requirements for approval. The Commission determined that the provisions in the agreement were fair and reasonable, and that the negotiation process was adequate.

Accordingly, the Fair Work Commission approved the Austrak Pty Ltd Rockhampton Enterprise Agreement 2017-2021, dismissing the AMWU's opposition. The Commission found that the agreement contained necessary provisions for pay equity and minimum rates of pay, and that the process leading to the agreement was sufficiently representative of the workforce. The Commission's decision was based on a thorough examination of the provisions of the agreement and the negotiation process, ensuring compliance with the Fair Work Act. The AMWU's objections were overruled, and the agreement was registered with the Commission.

Austrak Pty Ltd T/A Austrak

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established