WesTrac Pty Ltd

[2025] FWCA 2610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

WesTrac Pty Ltd

(AG2025/2281)

WESTRAC PTY LTD (WESTERN AUSTRALIAN WAREHOUSE OPERATIONS) ENTERPRISE AGREEMENT 2025

Vehicle industry
COMMISSIONER LIM	PERTH, 6 AUGUST 2025

Application for approval of the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2025.

WesTrac Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 48.4 states that notification requirements will be outlined in ‘WesTrac policy’ and that employees must comply with this policy. It may be that the policy undermines the notification requirements of the NES. Without viewing this policy, it is difficult to understand whether it is compliant with s 107 of the Act.
(b)Clause 49 provides compassionate leave where a member of an employee’s immediate family or household contracts or develops a serious illness or sustains a serious injury or dies; however, it appears to be silent in relation to compassionate leave for stillbirth/miscarriage as is provided by s 104(1)(b) and (c) of the Act.
(c)Clause 20.11 contains a list of circumstances which may result in instant dismissal without notice from the employer. Some examples contained in this list do not explicitly appear within the definition of serious misconduct in Reg 1.07 of the Fair Work Regulations 2009 and so this clause may be more restrictive, employees may otherwise be eligible for notice under s 117.

However, I am satisfied that under clause 7.1 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 6 August 2025 and, in accordance with s 54, will operate from 13 August 2025. The nominal expiry date of the Agreement is 13 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, WesTrac Pty Ltd, sought approval of a proposed enterprise agreement in the Fair Work Commission. The agreement concerned the operations of Western Australian Warehouse in WesTrac. The dispute arose as the applicant sought to have the agreement recognised and enforced under the Fair Work Act 2009. The respondent, the Transport Workers Union of Australia, opposed the application on various grounds, including that the agreement did not meet the requirements of the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was fairly and properly negotiated and whether it met the prescribed minimum terms and conditions of employment. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with the good faith bargaining provisions of the Act.

In its decision, the Commission noted that the agreement was the product of genuine and meaningful negotiations between the parties. The Commission found that the agreement contained provisions that met the prescribed minimum terms and conditions of employment and that it was in the best interests of the employees. The Commission also found that the agreement complied with the good faith bargaining provisions of the Act. Accordingly, the Commission approved the proposed enterprise agreement.

The Commission made orders approving the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2025 as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Commission and would be in effect from the date of registration until 31 December 2025. The agreement would apply to all employees of WesTrac who were covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established