WesTrac Pty Ltd

[2013] FWCA 5749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WesTrac Pty Ltd
(AG2013/7822)

WESTRAC PTY LTD (WESTERN AUSTRALIAN SERVICE OPERATIONS) ENTERPRISE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the WesTrac Pty Ltd (Western Australian Service Operations) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the WesTrac Pty Ltd (Western Australian Service Operations) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 3 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, WesTrac Pty Ltd, sought approval of an Enterprise Agreement that had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the CFMEU contended that certain provisions were unfair and did not meet the standard required for approval.

The central legal issue before the Commission was whether the provisions of the Enterprise Agreement were fair and reasonable, in light of the criteria set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement contained appropriate mechanisms for resolving disputes, whether it provided for reasonable notice of termination of employment, and whether it included adequate provisions for employee protection and entitlements.

In its decision, the Commission examined each provision of the Enterprise Agreement in detail, taking into account the arguments presented by both parties. The Commission found that, while the majority of the provisions were fair and reasonable, certain provisions relating to the resolution of disputes and termination of employment were not. The Commission determined that these provisions did not adequately protect the rights of employees and were therefore not fair and reasonable. As a result, the Commission refused to approve the Enterprise Agreement, citing the failure to meet the criteria for approval under the Fair Work Act.

The Commission's decision was based on a careful analysis of the specific provisions of the Enterprise Agreement and the legal criteria set out in the Fair Work Act. The Commission found that, while the agreement contained many fair and reasonable provisions, the provisions relating to dispute resolution and termination of employment were inadequate and did not meet the standard required for approval. As a result, the Commission refused to approve the Enterprise Agreement, and the matter was remitted back to the parties for further negotiation and consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established