DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WesTrac Pty Ltd
(AG2017/1886)

WESTRAC PTY LTD (WESTERN AUSTRALIAN SERVICE OPERATIONS) ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 18 JULY 2017

Application for approval of the WesTrac Pty Ltd (Western Australian Service Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the WesTrac Pty Ltd (Western Australian Service Operations) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2017. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of WesTrac Pty Ltd, the Fair Work Commission was asked to consider the approval of the Western Australian Service Operations Enterprise Agreement 2017. The applicant, WesTrac Pty Ltd, sought the approval of the agreement which aimed to regulate the employment terms and conditions of its employees in the Western Australian service operations. The dispute arose as the Fair Work Commission needed to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved verifying that the agreement was made in good faith, it contained the necessary provisions, and that it adhered to the procedural requirements set out in the Fair Work Act. Specifically, the Commission had to ensure that the agreement provided for fair and reasonable terms, it was not contrary to public policy, and it did not discriminate unfairly against any employee. The Commission also examined whether the necessary consultation processes were followed and if the agreement was genuinely negotiated between the employer and the employees' representatives.

In delivering its decision, the Fair Work Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. The Commission found that the agreement was genuinely negotiated and that the necessary consultation processes were followed. It further determined that the agreement contained fair and reasonable terms, and it did not contravene any public policy or unfairly discriminate against employees. Consequently, the Commission approved the WesTrac Pty Ltd (Western Australian Service Operations) Enterprise Agreement 2017.

The final orders of the Fair Work Commission were that the WesTrac Pty Ltd (Western Australian Service Operations) Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval meant that the agreement would govern the employment terms and conditions of the employees in the Western Australian service operations of WesTrac Pty Ltd, and it would remain in effect until a new agreement was made or the existing one was terminated in accordance with the Act.

WesTrac Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established