WESTRAC Pty Ltd Summary

[2025] FWCA 1033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

WESTRAC Pty Ltd

(AG2025/618)

WESTRAC PTY LTD (NSW AND ACT WAREHOUSE) ENTERPRISE AGREEMENT 2024

Vehicle industry
COMMISSIONER P RYAN	SYDNEY, 25 MARCH 2025

Application for approval of the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2024

Westrac Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 36(c) and 37.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

The Australian Workers’ Union (AWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 1 April 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by WesTrac Pty Ltd for the approval of the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2024. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval, including the provision of genuine employee representation and the compliance with various minimum terms and conditions set out in the Act.

The primary legal issue before the Commission was whether the enterprise agreement had been genuinely negotiated between the employer and the employees' representatives and whether it contained the mandated minimum terms and conditions. Specifically, the Commission had to determine if the agreement was fair and whether it provided for minimum rates of pay, leave entitlements, and other conditions that could not be bypassed by the agreement. Additionally, the Commission examined whether the process leading to the agreement was free from coercion, duress, or other forms of unfair labour practice.

The Fair Work Commission carefully considered the evidence presented regarding the negotiation process and the terms of the proposed agreement. The Commission noted that the agreement had been negotiated in good faith, with adequate representation from the employees. It found that the agreement provided for minimum rates of pay and leave entitlements that were not less favourable than those provided by the relevant award or registered agreement. Furthermore, the Commission concluded that the agreement did not contain any terms that were contrary to public policy or that would undermine the protections provided by the Fair Work Act. Based on these findings, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2024 was approved and came into effect. The final orders of the Commission included the approval of the agreement, effective from the date of the decision, and the registration of the agreement with the Fair Work Ombudsman. The approval signified that the agreement would govern the employment terms and conditions of the employees covered by the agreement, provided it was in line with the Fair Work Act and its regulations.

WESTRAC Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established