DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exchange Track Services Pty Ltd T/A Exchange Track Services and ETS
(AG2017/3451)

EXCHANGE TRACK SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Exchange Track Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Exchange Track Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exchange Track Services Pty Ltd T/A Exchange Track Services and ETS. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2017. The nominal expiry date of the Agreement is 22 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Exchange Track Services Pty Ltd trading as Exchange Track Services and ETS. The dispute pertained to the application for the approval of the Exchange Track Services Pty Ltd Enterprise Agreement 2017, which was brought before the Fair Work Commission. The application was made under the Fair Work Act 2009, seeking the commission’s approval of the agreement as a registered enterprise agreement.

The legal issues before the commission included whether the agreement met the statutory requirements for registration under the Fair Work Act, and whether it was genuinely a product of bargaining between the parties. The commission had to assess if the agreement contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees involved. The applicant needed to demonstrate that the agreement had been made in good faith and without coercion.

The Fair Work Commission found that the Exchange Track Services Pty Ltd Enterprise Agreement 2017 was a genuine product of bargaining between the employer and the employees. The commission determined that the agreement contained the minimum required terms and conditions, and it was in the best interests of the employees. It was concluded that the agreement was made in good faith, and there was no evidence of coercion. Based on these findings, the commission approved the application for the agreement to be registered as a valid enterprise agreement.

In conclusion, the Fair Work Commission approved the Exchange Track Services Pty Ltd Enterprise Agreement 2017, granting it registration as a genuine enterprise agreement. The commission's decision was based on the evidence presented, which demonstrated that the agreement met the statutory requirements and was made in good faith. The decision ensures that the employees will be governed by the terms and conditions outlined in the agreement, providing them with the protections and benefits intended under the Fair Work Act.

Exchange Track Services Pty Ltd T/A Exchange Track Services and ETS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established