WesTrac Pty Ltd
[2022] FWCA 416
•14 FEBRUARY 2022
| [2022] FWCA 416 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
WesTrac Pty Ltd
(AG2021/9263)
WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2022
| Vehicle industry | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 14 FEBRUARY 2022 |
Application for approval of the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2022.
WesTrac Pty Ltd has applied for approval of a single enterprise agreement known as the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.
Noting clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.
A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives either supported or did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.
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. In accordance with s.201(2), I note that the Agreement covers this organisation.
The Agreement was approved on 14 February 2022 and, notwithstanding clause 4.1 and in accordance with s.54, will operate from 21 February 2022. The nominal expiry date of the Agreement is 21 February 2025.
DEPUTY PRESIDENT
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Annexure A
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