WesTrac Pty Ltd

[2013] FWCA 5316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WesTrac Pty Ltd
(AG2013/7352)

WESTRAC PTY LTD (NSW AND ACT WAREHOUSE OPERATIONS) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 AUGUST 2013

Application for approval of the WesTrac Pty Ltd (NSW and ACT Warehouse Operations) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the WesTrac Pty Ltd (NSW and ACT Warehouse Operations) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by WesTrac Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union and the National Union of Workers - New South Wales Branch, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 August 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WesTrac Pty Ltd sought approval for the WesTrac Pty Ltd (NSW and ACT Warehouse Operations) Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent contested its validity, asserting that certain provisions did not meet the necessary criteria.

The central legal issues revolved around the fairness and reasonableness of the agreement's provisions, particularly those concerning wages, classification, and working conditions. The commission needed to assess if the agreement adhered to the principles of genuine agreement, procedural fairness, and whether it provided for minimum entitlements and protections. Additionally, the commission considered the necessity of the agreement to facilitate effective bargaining and its alignment with the Fair Work Act's objectives.

The Fair Work Commission found that the agreement contained provisions that were not genuinely agreed upon and did not meet the minimum standards prescribed by the Fair Work Act. The commission highlighted that several clauses, including those relating to wages and classification, did not ensure the provision of minimum entitlements and protections. Consequently, the commission determined that the agreement did not meet the criteria for approval. The decision was based on the commission's interpretation of the act and its objectives, focusing on the need for fairness and reasonableness in enterprise agreements.

The Fair Work Commission did not approve the WesTrac Pty Ltd (NSW and ACT Warehouse Operations) Enterprise Agreement 2013. The decision was grounded in the commission's findings that the agreement did not meet the statutory requirements for fairness and reasonableness, particularly concerning wages and classification. The commission's ruling emphasized the importance of ensuring that enterprise agreements provide for minimum entitlements and protections, aligning with the overarching objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established