WesTrac Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2022. The applicant, WesTrac Pty Ltd, sought approval of the agreement, which outlines terms and conditions of employment for warehouse workers. The respondents, represented by the Australian Council of Trade Unions (ACTU), argued that the proposed agreement failed to meet the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement provided for a fair and efficient workplace, and whether it complied with the statutory requirements for enterprise agreements. Specifically, the respondents challenged the agreement on grounds that it failed to provide adequate protections for employees in terms of minimum wages, penalty rates, and other entitlements. The respondents also argued that the proposed agreement did not adequately provide for the resolution of workplace disputes.

In assessing these issues, the Commission considered the evidence and submissions from both parties. The Commission found that the proposed agreement did not adequately provide for the resolution of workplace disputes, as it did not include a dispute resolution clause. However, the Commission also found that the proposed agreement did provide for a fair and efficient workplace, and that it complied with the statutory requirements for enterprise agreements. The Commission noted that the proposed agreement provided for reasonable working hours, adequate pay and conditions, and other protections for employees. The Commission also found that the proposed agreement provided for a fair and efficient workplace, and that it complied with the statutory requirements for enterprise agreements.

Accordingly, the Commission approved the proposed agreement, subject to certain modifications to address the dispute resolution clause. The final orders of the Commission included the approval of the agreement, with modifications to ensure that it included a dispute resolution clause. The parties were also directed to take all necessary steps to give effect to the approved agreement.

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