DECISION

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

Star Track Express Pty Limited T/A StarTrack
(AG2015/2472)

STARTRACK CUSTOMER SERVICE CENTRE AND CLERICAL ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 30 APRIL 2015

Application for approval of the StarTrack Customer Service Centre and Clerical Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the StarTrack Customer Service Centre and Clerical Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Star Track Express Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Services Union (ASU) and the Transport Workers Union (TWU) 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 May 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Track Express Pty Limited T/A StarTrack applied to the Fair Work Commission for approval of the StarTrack Customer Service Centre and Clerical Enterprise Agreement 2014. The application was opposed by the Finance Sector Union of Australia. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically the union's concerns regarding the classification and remuneration of employees within the customer service centre and clerical roles. The central legal issues before the Commission were whether the terms of the agreement were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009.

The Commission considered the submissions from both parties, including evidence and arguments regarding the fairness of the proposed terms, the nature of the work involved, and the comparability with other similar agreements. The Commission analysed the proposed classification and pay rates, taking into account the duties and responsibilities of the roles, as well as industry benchmarks. After reviewing the evidence and submissions, the Commission determined that the terms of the agreement were fair and reasonable, and were in compliance with the requirements of the Act. The Commission approved the proposed agreement, noting that it provided for appropriate classification and remuneration for employees, while also accommodating the business needs of StarTrack.

The Fair Work Commission approved the StarTrack Customer Service Centre and Clerical Enterprise Agreement 2014, recognising the agreement as meeting the criteria for fairness and reasonableness as set out in the Fair Work Act 2009. The decision reflects the Commission's consideration of the evidence and arguments presented by both parties, and its assessment of the proposed terms in the context of the relevant legal framework. The approval of the agreement ensures that the employees covered by the agreement will benefit from the terms and conditions set out therein, while also allowing StarTrack to operate within the parameters of the approved enterprise agreement.

Star Track Express Pty Limited T/A StarTrack

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established