DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Track Express Pty Ltd T/A Star Track Express
(AG2017/4873)

STARTRACK CUSTOMER SERVICE CENTRE AND CLERICAL ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 25 JANUARY 2018

Application for approval of the StarTrack Customer Service Centre and Clerical Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the StarTrack Customer Service Centre and Clerical 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 Star Track Express Pty Ltd T/A Star Track Express. 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 Municipal, Administrative, Clerical and Services Union and Transport Workers’ Union of Australia being bargaining representatives for the Agreement, 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Star Track Express Pty Ltd, trading as Star Track Express, brought an application before the Fair Work Commission to approve a proposed enterprise agreement. The agreement in question was the StarTrack Customer Service Centre and Clerical Enterprise Agreement 2017. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issue before the Commission was to determine if the agreement provided for the minimum terms and conditions mandated by the Fair Work Act, including the minimum rates of pay, penalty rates, leave entitlements, and other relevant conditions. Additionally, the Commission had to ensure that the agreement was free from any unfair content, and that the bargaining process was conducted fairly and in good faith. The fairness of the agreement was assessed based on whether it was likely to provide for appropriate workplace flexibility, efficiency, and productivity.

The Fair Work Commission found that the proposed agreement did meet the minimum terms and conditions as required by the Fair Work Act. The Commission concluded that the agreement provided for appropriate rates of pay, penalty rates, and leave entitlements. Furthermore, the Commission determined that the agreement was free from any unfair content and that the bargaining process was conducted fairly. The Commission approved the agreement, finding that it was likely to provide for appropriate workplace flexibility, efficiency, and productivity.

As a result, the Fair Work Commission approved and registered the StarTrack Customer Service Centre and Clerical Enterprise Agreement 2017. The agreement now serves as the basis for the terms and conditions of employment for the employees covered by the agreement.

Star Track Express Pty Ltd T/A Star Track Express

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established